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Defendant
A shall be punished by imprisonment for three years.
Defendant
A. 8.8.8.0 million won to the F applicant for compensation, and to G, the applicant for compensation.
Reasons
Punishment of the crime
(2) In the case of Defendant A’s charge, the part of Defendant B’s conspiracy with Defendant B, as seen below, constitutes a case where there is no evidence of a crime for the same reason as the judgment of innocence on Defendant B, and thus, the acquittal should be pronounced pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, as long as it is found that Defendant A was guilty of a criminal fact in relation to the crime
Around March 7, 2012, the Defendant: (a) from the Ma gas station located in Songpa-gu Seoul Metropolitan City L through B, to “B, establish YAAD and operate YAD business” to the injured party G through “B; (b) if 100 million won is leased, 3 million won per month shall be paid each month; and (c) the principal shall be returned to the Daejeon around December 2012; and (d) “I will engage in YA business; (b) there is an income of 25 million won per month; and (c) there is an additional income of 10 million won per month; and (d) if the legal entity is incorporated, the amount of money may be repaid with full repayment; and (e) if you do not, it would be repaid even by selling apartment and YAD.”
Even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to pay interest of KRW 3 million each month through the LitC business, and did not have promoted the establishment of LitC corporation, and was planned to invest the money received from the victim in its type NitC business.
As such, the Defendant, by deceiving the victim and receiving KRW 100 million from the victim’s bank account (O) on March 16, 2012, as well as from around that time to January 3, 2013, received a total of KRW 454 million from the victims on a total of 13 occasions, such as the list of crimes in the attached list of crimes.
Summary of Evidence
1. The defendant A's partial statement
1. Each legal statement of the witness BGP;
1. Application of Acts and subordinate statutes to the investigation report (fund flow analysis);
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;