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Defendant
A shall be punished by imprisonment of one year and eight months, and by imprisonment of one year and six months, respectively.
However, as to Defendant B, the same shall apply.
Reasons
Punishment of the crime
In around 2006, the Defendants, as married couple, need to pay interest equivalent to KRW 7,00,000 per month on bonds, etc. worth KRW 100 million without any particular property. At the time, the Defendants conspired to acquire money by fraud as if they could receive high-amount profits if they make an investment through the Defendant’s friendship.
Defendant
B Around April 26, 2006, a false statement was made to the effect that “D Co., Ltd.” located in Ulsan-gu, Ulsan-do, U.S., the motive of having been involved in U.S. working in the Jeju-do Bank, may bring profits from the higher rate of six parts every month to the effect that “I may bring profits from the higher rate of six parts every month if I make an investment to make a payment in lieu of card damages and to receive fees.”
However, even if the Defendants received money from the victims, they did not intend to use it for bond repayment, etc., and did not intend to make an investment or to pay the proceeds in a normal way.
Nevertheless, the Defendants received KRW 4,900,000 from Defendant A’s agricultural bank account on the same day as the above deception from the victim and received KRW 500,300,000 from that time until August 5, 2008, in total, from August 5, 2008 as indicated in the attached list of crimes.
As a result, the Defendants conspired to induce the above victim and received a total of KRW 500,300,000 in total as investment money over 106 times.
Summary of Evidence
1. Defendants’ respective legal statements
1. E prosecutorial statement;
1. A list of transactions of self-reliance deposits in the EFF;
1. Application of Acts and subordinate statutes on a loan agreement;
1. The Defendants of the pertinent law on criminal facts: Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 9170 of Dec. 26, 2008 and enforced the same day) and Articles 347(1) and 30 of the Criminal Act are inclusive.