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Defendant
A shall be punished by imprisonment with prison labor for not less than five months, and imprisonment for not more than eight months.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
[criminal power] On November 15, 2012, Defendant A was sentenced to a suspended sentence of ten (10) years of imprisonment for fraud at the Incheon District Court, which became final and conclusive on November 23, 2012.
Defendant
B On March 15, 2012, the Seoul Central District Court sentenced 8 months of imprisonment for fraud, which became final and conclusive on May 3, 2012.
【Criminal Facts】
The Defendants were able to have the victim E by deceiving the victim E as if they could receive conclusive profits through the used cars leasing business.
1. On March 26, 2011, the Defendants defraudeded 20 million won to the effect that the Seoul Southern District Court located in Yangcheon-gu Seoul Metropolitan Government 313-1, Yangcheon-gu, Yangcheon-gu, Seoul would pay the victim E the proceeds of approximately KRW 1.5 million per month and the principal without molding it.
The Defendants: (a) as a matter of money problem, the Defendants arranged the victims to arrange the second financing right loan to prepare investment funds; and (b) found out the high profitability high; and (c) induced the victims to make an investment as if the prompt investment is necessary.
However, in fact, the Defendants did not have the intention or ability to engage in the heavy rental business from the beginning, and even if the business outlook is inadequate, the victims did not have to pay the fixed profits to the victims, and the amount received from the victims was divided into their own living expenses, entertainment expenses, etc.
Accordingly, the Defendants conspired to deception the victim as above and acquired 20 million won from the victim under the pretext of investment in the second rental business.
2. The Defendants acquired 35 million won by deception were able to obtain additional investment money from the victims by driving it as if they run the second rental business normally with the invested money, such as paragraph (1).
around April 2, 2011, Defendants were victims E at the Seoul Southern District Court.