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Defendant
A Imprisonment with prison labor for two years, and for one year, for Defendant B.
Reasons
Punishment of the crime
[Attachment] On March 15, 201, Defendant A was sentenced to six months of imprisonment for fraud and two years of probation at the Jeonju District Court on March 15, 201, and the above judgment became final and conclusive on March 23, 201. Defendant B was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court on May 8, 2013, and the above judgment became final and conclusive on September 4, 2013.
[2] At around 20:00 on July 201, 2010, the Defendant: (a) made the Victim H to enter into a soil and sand transport contract for one year with the LA president operating the president substantially and the J (hereinafter “J”) who works as the representative director in the Daejeon-gu Seoul Special Metropolitan City K zone; and (b) made the J (hereinafter “J”) to the effect that “When investing KRW 50 million in J, 200,000,000 shall be responsible within 20 days and the full amount of the investment amount shall be returned, and the amount of the investment amount shall be paid in 10,000,000 won per month among the profits earned from the soil and sand transport business.”
However, the defendant's conclusion of a soil and sand transport contract with L company in the above net City K zone is inconsistent with the conclusion of the contract, but in fact, it is not clear whether the contract is executed. In particular, the above soil and sand transport contract is to pay the borrower the direct transport cost to the subcontractor in the face of transport of soil and transportation by using only equipment such as dump trucks, and the defendant only receives about 3% of the commission from L company. However, even though there is no construction work of L company to receive investment in relation to soil and sand transport, it is exaggerated as if he can receive investment from the victim immediately. Even if he receives money under the pretext of investment, he did not have any intent or ability to pay the investment principal or investment profit within the period agreed to by the victim.
As above, the Defendant, by deceiving the victim as above, wired the victim from the victim, to transfer from the Frano bank located in the above E on August 7, 2010, KRW 10 million, and on August 9, 2010.