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Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of two years and six months.
Reasons
Punishment of the crime
Defendant
A was sentenced to two years of imprisonment for a crime of fraud at the Seoul Central District Court on September 29, 201, and the judgment became final and conclusive on February 21, 2012. On September 29, 2011, Defendant B was sentenced to two years of suspended sentence of imprisonment for a crime of fraud at the Seoul Central District Court on September 29, 201, and the judgment became final and conclusive on October 7, 201.
The Defendants had already received a large amount of investment from other persons under the pretext of stock investment, but did not pay dividends to them by means of failure to make investments, personal use of investment funds, etc., they would like to receive money from the victims to use them as dividends, office operating expenses, living expenses, etc. for other investors.
Accordingly, even if the Defendants did not have any professional stock investment technique or other property, the Defendants expressed to the victim E and the victim F that they would make an investment in their shares, Defendant A made a false statement to the effect that they would make a full repayment even if Defendant A is a stock expert, and even if they were to have a large amount of assets, they have the ability to make a full repayment, and that they would make a full repayment of the amount of 6 billion won at Kimpo, and that they would make an investment.
1. On December 13, 2008, the Defendants made a false statement to the effect that “B shall pay a large amount of money to the victim E,” Defendant A shall receive 7% of the 25th day of each month, if he/she transferred the shares he/she owns as a stock expert, he/she shall receive 7% of the 25th day of each month, and he/she shall make a payment immediately if he/she changed the price of the shares before one week,” and Defendant B shall make a false statement to the effect that “A shall give a guarantee if he/she considers that he/she would keep in accordance with the promise without the formation of the promise.”
However, in fact, the Defendants receive shares from the victim.