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Defendant
A shall be punished by imprisonment for four years and by a fine for 465,00,000 won, and Defendant B shall be punished by a fine for negligence for 5,00,000 won.
Reasons
Punishment of the crime
Defendant
A on August 10, 2007, after having been sentenced to six months of imprisonment due to fraud, etc. at the Sungnam court, which was sentenced to imprisonment on February 7, 2008, the execution of the sentence was terminated at the Suwon detention center.
"2016 Gohap 146"
1. On April 28, 2009, Defendant A violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against Victim D at the branch office of the branch office of Sungnam-dong 17-6, Sungnam-dong 17-6, Sungnam-si, the Defendant made a false statement to the effect that “A victim D may have a fee per 12% of credit card loans by installing a card terminal in the name of E and F, and making a loan of 17-6% of credit card loans. Of this, 4% of the fee should be paid as profits. However, G is a customer who obtained a credit card tin loan, and G is a customer who obtained a credit card tin loan, and will settle the profits of 4% of the fee by receiving a credit card payment from the credit card company later.”
However, G was not a customer who borrowed a card-based tin, and the agricultural bank account in G was used by the defendant, and it was thought that he received money from the victim and used it for the personal purpose.
As such, the Defendant, by deceiving the victim, received KRW 2,935,915,200 on April 28, 2009 from the victim to the agricultural bank account under the name of G as investment money, and acquired by deceiving KRW 1,760,00 in total from August 10, 2009 to August 10, 2009, including the deposit of KRW 2,935,915,200 in the account used by himself as investment money.
"2016 Gohap 181"
2. Defendant A is the actual operator of Company B, which is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices), and Defendant B is a corporation established for the purpose of building construction business inside and outside the room, artificial medicine business, construction business, etc.
(a) The defendant A does not supply goods or services for profit-making purposes.