Text
Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for eight months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Defendant
On October 11, 2012, A was sentenced to imprisonment for six months at the Gwangju District Court for fraud, and the judgment was finalized on January 5, 2013.
1. The Defendants, even if receiving money from the victim D (the age of 39) as a real estate investment deposit, did not think that the Defendants actually purchased real estate with the said money and did not think that they would have any profit from selling it. Moreover, the Defendants thought that they would receive money from the victim and use it for personal purposes.
On October 2012, Defendant B, around 30 million won, ordered the victim to make an investment in real estate by stating that “A is believed to engage in a profit-making business through the sale and purchase of real estate,” in the “F Taekwondo Chapter” located in Nam-gu, Nam-gu, Gwangju Police Officer at the early October 2012, 2012, and soliciting the victim to make an investment in real estate, and Defendant A deceptioned the victim by explaining that the victim would have a substantial profit in the short term due to the investment in real estate.
On October 19, 2012, the Defendants acquired 30 million won from the said victim through the Gwangju Bank account (G) in the name of Defendant B as real estate investment money.
B. From November 2012 to October 2012, Defendant B conspiredd the victim “F Taekwondo Chapter” to “F Taekwondo Chapter 50 million won and, if an investment of KRW 50 million is made, the principal amount of KRW 50 million and KRW 10 million may be combined within one month and returned KRW 60 million to the victim.” Defendant A fraudulently explained the victim as if the victim would have made a substantial profit within a short period of time due to an investment in real estate as above, that “B believed B and made an investment.”
The Defendants, on November 5, 2012, acquired money from the victims to the account of the above Gwangju Bank in the name of Defendant B for real estate investment in the name of the victim.
2. The defendant A's sole criminal conduct is the defendant.