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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
except that this judgment.
Reasons
1. In full view of the evidence on the grounds of appeal, although the defendants could be found guilty of deceiving the victim and deceiving 30 million won, the judgment of the court below which acquitted the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts.
2. Determination
A. On December 23, 2014, Defendant A was sentenced to two years of imprisonment for a crime of fraud at the Suwon G method Board, and this judgment became final and conclusive on April 18, 2015.
Defendant
A and Defendant B purchased land with an outstanding profitability by auction from the victim E, who had been consulted with Defendant A around March 2013, as a person working as a lending consultant, around March 2013. On the security of the victim’s lending, they offered the land as security, received the loan from the victim and sold the land at a high rate, and then offered the loan to use it as their living expenses, etc. after receiving the loan from the victim as if the loan was settled.
Defendant
A In the vicinity of the wife F in Young-si around March 20, 2013, the victim believed that “A, while introducing the victim as Defendant B a loan consultant,”
money; and
Trust and good faith; and
Defendant B refers to the purport that it is "," and Defendant B refers to a number of hundred million Won for the victim at that time.
When receiving a successful bid for the land at auction, banks may receive loans as collateral, and in the process, they must provide all weeks with a security to receive investments due to a shortage of money, and borrowed money as collateral, and then I would like to pay 15 million won for principal by settling accounts within 20 days from 30,000 won and fees to us.
However, the Defendants did not have any particular occupation in holding the financial institution’s debt amounting to KRW 30 million or KRW 40 million at that time, and there was no intention to receive a successful bid, even if they were awarded a successful bid.