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Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for eight months.
Defendant
A shall obtain money from the applicant for compensation on 275.
Reasons
Punishment of the crime
[criminal record] On September 4, 2015, Defendant B was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Central District Court on October 10, 2015 and the judgment became final and conclusive on September 12, 2015.
[Criminal facts]
1. Defendant A is a person in a de facto marital relationship with M.
Defendant and M conspiredd to defraud money under the pretext of investment by deceiving victim F as if they can secure the right to operate the restaurant of NJ high schools.
around September 11, 2013, Defendant and M entered into a contract with Q Co., Ltd. with the victim “P” office located in the Gangnam-gu Seoul Metropolitan Government O building.
In order to make an investment in NN High School cafeterias between 10,000 won and 25 million won each month, it would be possible to bring profits from the investment of 20,000 won each month.
The necessary money stated that "the amount of KRW 50 million, the introduction fee of KRW 50 million, the half of which is KRW 275 million, shall be invested."
However, at the time, Defendant and M did not have agreed to receive the right to operate a restaurant within the premises of the school juristic person, and even if they received investments from the injured party, they did not have the intent or ability to pay the agreed profits to the injured party by operating the restaurant within the premises.
In collusion with M, the Defendant received a total of KRW 275 million, such as deceiving the victim as above and deceiving the victim on September 11, 2013 from the victim, KRW 50 million, KRW 10 million on September 23, 2013, KRW 15 million on September 23, 2013, and KRW 15 million on February 25, 2014, respectively, by transfer, from the victim to the AC account.
2. On August 2013, Defendant B made a false statement to the victim M and A, “If an investment of KRW 270 million is made through the U Chairperson, he/she may obtain the right to operate a restaurant and store in the N Middle High School.”
However, even if the defendant receives an investment, he/she may grant the victim M/A the right to operate the restaurant and store operated by the school foundation R&A.