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Defendant
A Imprisonment for two years, Defendant B shall be punished by imprisonment for ten months, and Defendant C and D by imprisonment for one year, respectively.
Reasons
Punishment of the crime
The defendants A and B are engaged in the agricultural product processing business after being entrusted by the victim E in around 2014.
Since normal business operation did not run, the above victim failed to sell the machinery of the above processing plant to another place, and on February 2016, the police officer agreed to directly purchase the said machinery in gold KRW 15 million and again to operate the above processing plant.
When the Defendants received payment demands due to the failure to repay their existing business funds, they conspired with the victims to receive additional investments as funds for the production of health food sofacing and the development of red ginseng products.
1. On March 4, 2016, the Defendants made a false statement to the victim E that “The Defendants would give 30% of the profits if they make an investment in the production of the healthy food soft, such as vain,” to the F processing plant located in two parcels, such as G, G, etc., of Gyeongbuk-gun, and the said victim E (the age of 48).”
However, even if the Defendants received investment money from the victims, they did not intend to use the funds in return for the production cost of the so-called so-called "PPPP" in the previous business, but did not intend to use the funds for the production cost of the so-called "PPPPPPP". Therefore, the Defendants did not have the intent or ability to pay profits from the business as agreed upon by the victims.
Nevertheless, the Defendants, as such, deceiving the victim as such and deceiving the victim, 30 million won per day from the victim, and 50 million won per day from the 22th of the same month, for the same year.
4. Around July 1, 200, a sum of KRW 15 million, including KRW 5 million around the same month and KRW 100,000,000, was remitted.
2. On April 15, 2016, the Defendants of the H red ginseng product fraud against the victim E are “H red ginseng products” to the said victim at the same place as the preceding paragraph.