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Defendants shall be punished by imprisonment for one year and six months.
However, with respect to Defendant B, it shall be for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 9, 2018, the Defendants stated that “A victim C will return three times the amount of money paid as office operating expenses, because he/she did not have any desire to pay a large amount of money in Seoul, and Defendant A, who is in the environment of his/her own similar to himself/herself, tried to open his/her own business office.” However, the Defendants: (a) appointed the party as the vice-representative, and (b) consider shares of KRW 300 million received from the Nim., and (c) paid the expenses of the office.”
However, in fact, the above Chairperson and the above trade name company that the defendants told did not appear, and the above office was not operated, and the defendants had the intent to receive the above money from the above victim to use it as one's own living expenses, etc., so there was no intention or ability to repay the above money to the above victim.
Nevertheless, the Defendants deceiving the above victims as such, and thereby, received KRW 100,000 from the said victims to the bank account (G) in the name of Defendant B (former E prior to the opening of the name of the victim) on the same day, as well as by deceiving the total of 48 victims over a total of 48 times from that time to April 27, 2019 in the attached list of crimes, and were remitted from the victims total of KRW 145,705,00.
As a result, the Defendants conspired to induce victims to obtain economic benefits.
In the facts charged, the defendants' deceiving victims and received property.
However, it should not be evaluated that the defendants received property from the remittance of money to the deposit account in reality, and it should be evaluated that the defendants acquired property benefits equivalent to the same amount.
However, this is merely a different legal evaluation, and it does not change the bill of amendment.