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Defendants shall be punished by imprisonment for eight months.
Reasons
Punishment of the crime
1. On August 13, 2015, Defendant A was sentenced to a suspended sentence of two years in the Seoul Southern District Court for criminal fraud on August 13, 2015, and the said judgment became final and conclusive on October 2, 2015.
2. The Defendants, with the knowledge of the fact that they want to “investment in underground funds” in the name of victim E, received money from the injured party as a performance bond necessary for investment, and received money from the injured party for personal use.
A. On October 8, 2014, the Defendants conspiredd to the G hotel located in Gangnam-gu Seoul, Seoul, that “the victim may seek a passbook of at least 10 billion won in the balance required for investment in underground funds,” and said that “the victim will use the passbook of at least 20 billion won for investment in the capital increase on the face of a week, and give KRW 10 billion in return for the demand.”
However, the term “investment in underground funds” does not necessarily mean that the Defendants did not have any intention to use it in “investment in underground funds” even if they receive KRW 20 million from the injured party, and there was no intention or ability to reduce KRW 6 billion from KRW 6 billion to KRW 10 billion to the injured party.
Nevertheless, the Defendants received the victim’s false statement from the victim, and acquired it by receiving two copies of KRW 10 million as the deposit money for the implementation of underground funds in the mutual in the subway shop near the subway platform located in Seocho-gu Seoul Metropolitan Government on the same day from the victim.
B. On October 2014, the Defendants conspiredd with the Defendant that “The Defendant shall pay KRW 50 million to the Defendant for another passbook to be used for the investment of underground funds,” and that “it shall additionally send KRW 20 million to us.”
However, the phrase “investment in underground funds” does not necessarily mean that the Defendants did not intend to use the term “investment in underground funds” even if they receive KRW 20,000 from the injured party, and there was no think that it would be in terms of “investment in underground funds”, and otherwise, the victims would have reduced KRW 00,000.