Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, between two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2017 Highest 4798]

1. On June 10, 2016, Defendant A told the victim E to commit fraud with the victim E that, within the “G of the Defendant’s operation in the Jung-gu Daejeon Daejeon Daejeon-gu, Defendant A would make profits from purchasing and selling a mobile phone. However, when investing money in a mobile phone business, the victim E would pay 10% of the principal amount per month as profits and guarantee the principal amount.”

However, even if the defendant A received the investment from the injured party, he thought that he would use it as earnings or personal living expenses for other investors, and there was no intention or ability to pay the principal and the profits to the injured party normally due to the lack of profits from the mobile phone business.

Nevertheless, Defendant A, as seen above, by deceiving the victim, received KRW 3 million from the victim to the Saemaul Treasury account in the name of Defendant A’s mother on the same day as the investment money from the victim, and received KRW 57,100,000 from that time to November 29, 2016, by receiving KRW 15 times the sum of KRW 57,10,000,000 from November 29, 2016, as shown in the List of Crimes (1).

2. On November 5, 2016, Defendant A told the victim I to “The profits from the purchase and sale of a mobile phone may accrue if the mobile phone is purchased and sold, 10% of the principal per month shall be paid as profits and the principal shall be guaranteed if the cash is invested in the mobile phone business.”

However, even if the defendant A received the investment from the injured party, he thought that he would use it as earnings or personal living expenses for other investors, and there was no intention or ability to pay the principal and the profits to the injured party normally due to the lack of profits from the mobile phone business.

Nevertheless, Defendant A, as above, deceiving the victim and affiliated with the victim, was the Saemaul Treasury account in the name of the Defendant’s mother on the same day from the victim, and was KRW 6 million under the name of the Defendant’s mother, and KRW 6 million around November 29, 2016.