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Defendant
A Imprisonment of one year and six months, and Defendant B shall be punished by imprisonment of one year and one year, respectively.
Reasons
Punishment of the crime
Defendant
On January 5, 2007, A was sentenced to four years of imprisonment for fraud, etc. at the Seoul Central District Court, and was released on June 30, 2010 and the parole period passed on July 30, 2010.
Defendant
B On January 26, 2007, the Seoul Central District Court sentenced 4 years to imprisonment for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape in Relatives) and completed the execution of the sentence on September 10, 201.
Defendant
A is the chairperson of Gangnam-gu Seoul corporation E, Defendant B is the representative director of the above corporation, and Defendants jointly acquired and operated the above corporation around September 201.
1. On September 20, 201, the Defendants stated, at the office of the said stock company around September 201, that “The Defendants, in fact, know that he is G engaged in steel business in Busan and manage Samsung electronic defective goods that he supplies to the Hart. Therefore, an investment would be made since at least 40 percent of the monthly investment amount would have been made. If that person makes an investment, 10 percent of the investment amount would be paid as monthly income and the principal would be paid immediately if requested after three months.”
However, the Defendants did not know in detail what business G is, and did not have been continuously received 40 percent of the investment amount from G, and even if receiving the investment amount from the victim, the Defendants intended to use the said stock company operating expenses or funds for repayment to other investors without investing in the entire amount of G. Therefore, the victims did not have the intent or ability to make a normal payment of the amount equivalent to 10 percent of the investment amount every month.
Ultimately, the Defendants conspired to induce the victim as such, and thus, the Defendants’ deceptiond the victim as such, the amount of KRW 20 million to the national bank account in the name of the Defendant A on the same day, and KRW 5 million to the new bank account in the name of the Defendant A on October 24, 201, and KRW 5 million to the new bank account in the name of the Defendant A on December 201.