Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for eight months.

Punishment of the crime

[criminal records] Defendant A was sentenced to a suspended sentence of one year of imprisonment for fraud at the Seoul Central District Court on September 4, 2014, and the judgment became final and conclusive on April 22, 2015.

[2] On May 1, 2010, the Defendants conspired to make a false statement to the effect that “The Defendant would make an investment in a good listed company and pay 10% of the principal as profit” to the victim F at the E Seoul Special Metropolitan Office located near the outlet No. 1 located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant would also guarantee the principal.

However, the Defendants did not have the intent or ability to pay the principal and profit even if they received money from the injured party because they had been operating the company by paying the principal and profit of the senior investor with the investment money of the next-order investors.

Ultimately, the Defendants, as such, had the victim enticed and received around 30 million won from the victim on the 4th day of the same month under the pretext of investment, and had the victim received a total of KRW 84,870,000 from the 30th day of the same month to October 4 of the same year, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Part of the statement of the above defendant in the police interrogation protocol against the defendant B, or the police interrogation protocol against the defendant A;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police with regard to F;

1. Complaint;

1. Each investigation report (Nos. 6, 9, 11, and 13 once a year);

1. Each indictment (No. 12, No. 14) and each judgment (No. 14 once a year);

1. A deposit statement (No. 2 once a year), account transaction details (No. 5 times a year);

1. Previous convictions in judgment: Application of the results of inquiry about Defendant A, such as criminal history, etc., investigation reports (No. 13 times a year), and the text of judgment (No. 14 times a year);

1. The Defendants of the relevant legal provisions regarding criminal facts: Articles 347(1) and 30 (including inclusive) of the Criminal Act, and each choice of imprisonment with labor

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, the sentencing of Article 39(1) is conducted.