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(A) The crime No. 1-B. and the crime No. 1-B. of the holding shall be punished by imprisonment with prison labor for the crime No. 200,000 won.
Reasons
Punishment of the crime
On September 30, 2009, the Defendant was sentenced to a suspended sentence of three years in the year and June of imprisonment with labor at the Gwangju District Court on September 30, 2009, and the judgment became final and conclusive on October 8, 2009.
1. Fraud;
A. On October 17, 2008, the Defendant related to C may make profits equivalent to KRW 2.60,000 per day and KRW 1.8 million per week to the Victim E at the C Substitute Driving Office located in the 1st floor of the D Building in Gwangju-dong-gu, Gwangju-gu, Seoul-si, through radio call labels installed in the restaurant in Gwangju-si, and would distribute the profits to the Victim E in 12 times a week if the Defendant invests one million won per unit of the project.
“.....”
However, in fact, the Defendant did not have any particular property, installed a radio call sign on a restaurant, and established a representative driver with the trade name of C without specific plans or experience for the authorized driving business using the radio call sign, but there was no profit in the wind that the installation of radio call sign is suspended due to the malfunction of 130 radio call sign installed in the above C around March 208, and even if he received investment funds from others, he did not have the intent or ability to pay profits to the existing investors.
Nevertheless, the Defendant, as such, by deceiving the victim, received the total sum of KRW 5 million from the victim, namely, KRW 5 million from the seat, and KRW 15 million from the same place on November 17, 2008, and acquired it by deception.
B. On June 24, 2010, the fraud defendant related to the commercial investigation company shall pay the victim E the proceeds until the amount reaches 120% including the principal per share of 3.3 million won per share if he/she invests KRW 3.5 million per share in the G office operated by the defendant in Gwangju-dong-gu, Gwangju-gu.
“.....”
However, the defendant has no particular property, there is no specific plan or experience for the mutual aid business, and there is no direct profit in addition to the investment of new investors.