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Defendants are not guilty.
Reasons
1. On April 30, 2010, Defendant B was sentenced to three years of imprisonment for a crime of fraud and five million won of a surcharge at the Jung-gu District Court on April 30, 201, and the parole period was expired on November 30, 201 while the execution of the sentence was released on the parole on February 20, 201, and on June 26, 2018, the judgment became final and conclusive on September 8, 2018, by having been sentenced to imprisonment for a crime of fraud at the Seoul East East District Court.
1. On August 28, 2014, the Defendants stated that, at the D coffee shop located in Gangnam-gu Seoul Metropolitan Government, the victims E, and F, the Defendants stated that, “three arches, landscaping, and brine restaurant business rights in the H construction site located in Sungnam-si, which is promoted by the Foundation G and four J development projects implemented by the Foundation I, shall be paid in total of KRW 210,000,000,000 per each business right.”
However, even if the Defendants received money from the victims, they did not have the intent or ability to provide the victims with the right of execution of the passenger voting and the right of execution of the passenger voting in the above H execution site, among the rights of the restaurant business and the above J development business.
Accordingly, the Defendants conspired to induce victims and receive 33 million won in cash on the same day from the victims, and around that time, they received the total of 188 million won in five times, such as the statement in the crime list, from around that time.
2. On April 3, 2015, the Defendants stated that “A victim E may be punished by 10 times the amount of 80 million won if he/she lends 10,000 won to the J-J-based L office located in the Gangnam-gu Seoul Metropolitan Government K and the third floor.”
However, the defendants did not have the intent or ability to pay the money in accordance with the agreement even if they received the money from the victim.
As a result, the Defendants conspired to deceive the victim, thereby deceiving the victim.