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Defendant
A Imprisonment with prison labor for one year for a crime of No. 2 in its holding, and Defendant B for a crime of No. 2 in its holding.
Reasons
Punishment of the crime
[Criminal Defendant A and Defendant A had been sentenced to six months of imprisonment on January 17, 2008 by the Seoul Eastern District Court for the crime of forging securities, etc., and the above judgment was finalized on January 25, 2008, and the execution of the sentence was terminated on May 18, 2008.
[Fact that constitutes an offence] - 201 Highest 209 Cases -
1. Defendant A’s sole criminal administration (violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against Victim F) and Defendant A expressed that, around October 4, 2007, around the subway H Station located in Dongjak-gu Seoul Metropolitan Government, Defendant A would return the principal after a week and offer KRW 5 billion after a month to the victim F (e.g., the age of 48).
However, Defendant A did not know about the activation of the right of recourse and there was no other way to repay the principal within one week or return the principal amount to five billion won after one month, even if Defendant A borrowed KRW 500 million from the victim F due to the absence of other assets at the time.
Nevertheless, Defendant A made a false statement as above and obtained 100 million won in total 500 million won cashier's checks from the victim F, and acquired them by fraud.
- 2012 Gohap136, 2012 Gohap149 -
2. The Defendants co-principal (the Defendants’ fraud against the victimJ, the second crime) committed as if they were the administrator of secret funds of the former president in Seoul, from around 2008 to K, while operating the office in Seoul, with K, etc., and committed as if they were the administrator of secret funds of the former president, and on underground warehouses, the victim J, who was the high franking line of K, with the money as activity expenses, when they acquired the money from others on the ground that there was a false statement that there was a money in the meaning compared with the right of reply, USD A, gold, foreign bond, etc. (the term “state currency” means a currency managed by the State; hereinafter “state currency”).