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Defendant
A Imprisonment for two years, each of the defendants B shall be punished by imprisonment for ten months.
Reasons
Punishment of the crime
【Defendant B was sentenced to ten months of imprisonment for attempted fraud, etc. at the Seo-gu District Court Branch on July 27, 2012, and the judgment became final and conclusive on October 9, 2012. On November 2, 2016, Defendant B was sentenced to two years and six months of imprisonment for interference with business in the Daegu District Court Kimcheon Branch on November 2, 2016, and the appeal of the said judgment is still pending at the Daegu District Court.
【Criminal facts” 【1817 [Attachment 1817]- Defendant A entered into an investment contract with the victim and set up an investment agreement with the victim N on July 24, 2014, stating to the effect that “In the case of an investment in which the plan to create profits from selling the building after acquiring the building and then creating profits from selling the building, 200 million won will be paid by adding 100 million won to the principal within 30 days from the date of the conclusion of the contract for the acquisition of the building, and even if the building is failed to perform its business, 200 million won will be returned.”
However, in fact, the Defendant did not make any investment in the Defendant’s capital at all at the time under bad credit, but did not conduct an appraisal on the price of the building, but did not have any agreement on the loan with the financial institution, so it was difficult to normally proceed with the business since it did not have any agreement on the loan with the financial institution. In addition, there was a high uncertainty because there was no specific plan on the sale of commercial buildings, and there was no specific obligation to change, while there was no specific income or property, and even if the Defendant was paid money from the damaged person as investment money, he did not have any intent or ability to return the principal and the profit within the agreed date.
The Defendant, as such, deceiving the victim and deceiving the victim, shall be 20 million won as the Daegu Bank Account in the name of P Co., Ltd. under the name of the victim on July 25, 2014.