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Defendant
A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by imprisonment with prison labor of six months.
Reasons
Punishment of the crime
1. The Defendants’ co-principal
A. On November 30, 201, Defendant A stated that “G” operated by the victim E on the fourth floor of the Seocho-gu Seoul F building in Seocho-gu Seoul, with the introduction of Defendant B, Defendant B would make an investment in stocks, etc. when the victim was aware of high-class securities information, and would return the principal to the victim at any time if the principal would be paid in advance only one month, and the principal would be returned to him only before one month. If the loss was incurred in stock investment, Defendant B would dispose of other property and guarantee the principal without the mold. If Defendant B knew of high-class securities information that Defendant A knew of high-class securities information, even if Defendant A incurred loss in stock investment, the principal would be guaranteed.”
However, in fact, Defendant A was not aware of the securities information that could have been anticipated to yield profits, and there was no intention or ability to perform the said agreement because there was no income or property that could guarantee principal, and Defendant B did not have an intention or ability to pay the principal instead of Defendant B.
As a result, the Defendants conspired to induce the victim, and thereby, received 50 million won from the victim via the Korean Investment Securities Account (H) in the name of Defendant B on November 30, 201, and 50 million won from the said account on December 5, 201.
B. On May 14, 2012, Defendant A, at the Korean Investment Securities K branch in Gangnam-gu Seoul, may make a lot of profits from stock investment to Defendant B, as the director of the K branch of Korea Bank is aware of high-class stock information while working at Defendant B at the coffee shop in Gangnam-gu Seoul, Seoul. When lending money, Defendant A would pay interest of KRW 240,000 per month, and at any time repay the principal and interest at any time after one year.”