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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for two years.
However, from the date this judgment becomes final and conclusive, Defendant A.
Reasons
Punishment of the crime
Defendant
A, on January 12, 2012, was sentenced to 8 months of imprisonment for fraud and 2 years of suspended sentence at the Suwon District Court, and the judgment was finalized on May 4, 2012, and Defendant B, on December 13, 2012, was sentenced to 6 months of imprisonment for fraud and 2 years of suspended sentence, and was sentenced to 2 years of suspended sentence on April 5, 2013 and the judgment became final and conclusive.
1. Defendant A is a person who has operated a specialized asset management company called “E” from 806 of the building D in the sphere of Gyeonggi-gu.
On August 6, 2010, the Defendant concluded that the victim G’s house located in F apartment 8 Dong 312, F apartment 8 Dong-gu, Busan, the Defendant would sell the shares to the Plaintiff at an appropriate time and make a larger profit by re-purchaseing other shares at an appropriate time when he/she will be entrusted to B with the shares of Eprocaca, which he/she purchased with his/her recommendation from the Plaintiff.
However, the fact was that the defendant had no intention or ability to pay profits to the victim by repurchasing the shares with the proceeds of selling the shares received from the victim, and was thought to be used for personal purposes such as repaying the defendant's personal debt to the proceeds of selling the shares, and giving the defendant with gambling funds to B.
The Defendant, by deceiving the victim as such, received shares equivalent to KRW 85,118,830 of the market price from the victim to May 27, 201, as indicated in the separate list of crimes, in the amount of KRW 15,678,20 of the market price, from the victim’s bank account in lieu of the Defendant’s name. Moreover, the Defendant received shares equivalent to KRW 92,224 of the Eprotecing shares from the victim from the above date and time to May 27, 201.
2. Defendant B, with the knowledge of the fact that the victim was injured by the type A as described in paragraph (1), had the victim gain access to the victim to repay the damaged amount in lieu of A to the victim for the purpose of preparing gambling funds, thereby deceiving the victim by defrauding the money from the victim.
On July 28, 2012, the Defendant called the Victim G at an infinite place and called “us.”