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Defendants shall be punished by imprisonment for ten months.
However, each of the above two years from the date this judgment became final and conclusive is against the Defendants.
Reasons
Punishment of the crime
The Defendants established a real estate investment trust company to provide a business plan to the extent that they would operate so-called “sports” business, but did not set a specific business plan, and there was no specific plan except that they would receive investment from the surrounding parties, and there was no plan to return the investment amount in the event that the business is not performed normally. As such, even if there was no intent or ability to pay a profit or return the investment amount even if the business is not performed normally, the Defendants solicited other persons to raise money as investors and receive money under the pretext of the investment amount.
Accordingly, Defendant A, at the victim F’s house located in Young-gu, Young-si, Young-si, on November 24, 2010, promoted the business of having a hotel with the fourth floor above the 21st floor above the ground in Geumcheon-gu, Seoul. On the commencement of the business, until January 2011, Defendant A would offer the shares of a real estate investment trust company equivalent to investment funds. The company will be listed at the Korea Stock Exchange after 150 days from the completion of the registration of incorporation of the corporation, and it is possible to conduct transactions after one year from the registration of incorporation, and thus it can recover all investment funds and expect a considerable amount of investment funds. Accordingly, Defendant A received money from the victim around November 26, 2010 from the victim’s account in Defendant B’s name.
In this way, the defendants conspired to acquire the property from the victim.
Summary of Evidence
1. The description of each part of the first trial record against the Defendants
1. Legal statement of witness F;
1. Each statement made to the witness F and A in the second trial records;
1. Each prosecutor and police suspect interrogation protocol against the Defendants
1.The police of F. F.