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Defendant
A shall be punished by imprisonment for six months, by imprisonment for four months and by imprisonment for four months.
However, this judgment is delivered to Defendant A.
Reasons
Punishment of the crime
1. On May 7, 2008, Defendant A and B made a false statement to Defendant A that “The market price of Seodaemun-gu D apartment 101, Seoul, from KRW 350 million to KRW 450 million, the market price of Seodaemun-gu, Seoul, about KRW 101,00,000,000 to KRW 260,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, was transferred before the registration of down payment was provided as collateral and received a loan or sold by providing it as collateral until May 21, 2008.”
However, the above apartment market price was less than 20 million won, and Defendant and B did not have any means to transfer the registration of apartment with only down payment, and even if they received such investment money from the victim, there was no intention or ability to pay 100 million won to the victim.
Defendant
B, as above, by deceiving the victim and deceiving it from the victim on May 7, 2008, transferred 220 million won to the account in the name of B E in the name of B, and transferred 28 million won to the same account on May 9, 2008.
Accordingly, the defendant, in collusion with B, received the property by deceiving the victim.
2. On November 12, 2009, the Defendant was sentenced to the imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Incheon District Court on November 12, 2009, and the judgment became final and conclusive on July 22, 2010.
On February 18, 2008, the Defendant stated that “If the Defendant borrowed KRW 50 million from the funds needed for the purchase of racing racing, the Defendant would make a sales contract for the telecom with the victim I through H at the G Certified Judicial scrivener Office in Young-gu, Young-si, G. H, 2008, the Defendant would receive a loan as security for the telecom within one week or one month, and would offer a loan for 70 million won.”
However, the defendant is not only a fact that he promoted racing trading, but also a security.