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Defendants shall be punished by imprisonment for six months.
However, it is against the Defendants for two years from the date of the final conclusion of the judgment.
Reasons
Punishment of the crime
After the Defendants came to know the victim F with the introduction of E around January 2012, the Defendants displayed the account transaction details and business plan showing the details of deposit and withdrawal of the victim several hundred million won from the G G branch located in the airspace adjacent to Mapo-gu Seoul Mapoon on March 2012 and from the G branch located in Mapo-gu Seoul Mapoon on two occasions during the same month, the Defendants would pay the amount of KRW 300 to 80 million each month for the use of the Internet futures option program and gain a lot of profits if the Defendants raise investors by developing the Internet futures option program. As such, the Defendants would obtain a lot of profits from the program development cost of KRW 700 to 80 million each month for the use of the program development cost of KRW 300 to 5 million and the principal would be repaid within one week or one month if the request for return is made.
“.....”
However, in fact, the Defendants did not have developed the futures option program at the time, did not use the money received from the victims for the development cost or purchase cost of the futures option program, and attempted to use the money received from the victims as living cost, etc., so the victims did not have the intent or ability to make a profit of KRW 300 to KRW 5 million every month or to pay the principal normally.
The Defendants, at the end of the foregoing year, shall incur from damage to the end of the same year KRW 20 million on March 13, 2012; and
3. 30.15 million won, per year.
4. 27.18 million won, and the same year.
5. 21.7 million won, and the same year.
5. 23.10 million won was deposited into each Defendant’s account under the name of each Defendant, and the sum of KRW 70 million was acquired through deception.
Summary of Evidence
1. Defendants’ respective legal statements
1. Legal statement of witness F;
1. Application of Acts and subordinate statutes to the Defendants on the interrogation of suspects to the prosecution
1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;
1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of damage recovery);