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1. Defendant A shall be punished by imprisonment for six months.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Defendant B’s joint crime committed by the Defendants is a person who sells trade at retail and manufactures the Internet site, and Defendant A is in a relationship with Defendant B.
Although the Defendants planned to import and sell Maman in China, they would induce the victim F known to Defendant A to receive investment money from the damaged party.
The Defendants made a false statement to the effect that “The business of importing and selling marina dust in China is defective along with the business of importing and selling it in Korea from China. Defendant B imported marina dust in China, and Defendant A already invested in 100 million won. The Defendants made an investment of KRW 100 million in each case. The Defendants also received 30% of the future profits, and received 30% of each of them, and received 10% of the future profits, and 10% of the remainder from operational funds.”
However, in fact, the Defendants did not have invested KRW 100 million each, and they thought to use part of the victim's investment funds individually.
The Defendants were transferred from the victim to the new bank account (Account Number G) in the name of the Defendant B, KRW 60 million on February 23, 2016, and KRW 20 million on March 15, 2016.
As a result, the Defendants conspired to attract the victim to receive the goods.
2. Defendant B’s sole criminal conduct
A. On June 9, 2016, the Defendant would use the victim as “one week’s living capital” and complete payment.
The phrase “ makes a false statement.”
However, even if the defendant received money from the injured party, he did not have the intention or ability to pay the money.
The Defendant received 4 million won from the injured party to the new bank account in the name of the Defendant on the same day.
Accordingly, the defendant acquired property by deceiving the victim.
B. On June 21, 2016, the Defendant “a hospital” is for the victim at the place of Buddhist land.