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Defendants shall be punished by imprisonment for ten months.
However, for two years from the date this judgment became final and conclusive against the Defendants.
Reasons
Punishment of the crime
Defendant
A On February 16, 2017, the Seoul Central District Court was sentenced to three years of suspension of execution in one year and six months of imprisonment for fraud, and the judgment became final and conclusive on February 24, 2017.
Defendant
B On January 9, 2014, the Seoul Central District Court sentenced 10 months of imprisonment for fraud to 10 months, and the judgment became final and conclusive on August 29, 2014.
Defendant
B was introduced through C, a branch office around September 2012, the victim D representative E and employee F.
Defendant
B, from E, F, etc., the Defendant A, who actually operated H, after hearing the phrase “a fund is required for a public auction project for “20 households and sites of Yongsan-gu G Apartment-gu, Yongsan-gu, Seoul Metropolitan Government” which was supervised by the Korea Housing Guarantee Corporation, was introduced.
The Defendants, taking advantage of the circumstances in which the victim suffered difficulties in raising business funds, conspired to receive and divide money from the victims as they would attract large amount of foreign investment funds.
around September 2012, the Defendants, either directly or through E, F, etc. at a non-permanent place in Seoul (hereinafter referred to as “Seoul”) and via C, stored the bill of exchange that may contain 50 million U.S. dollars in the S. at the S. S. depository. To enter the amount of the bill of exchange, the Defendants would make an investment of KRW 1.5 billion in the U.S. upon reporting the work in the U.S. at the cost, and make an investment of KRW 1.5 billion in the cost. Of the expenses, KRW 100 million would be used as the expenses for the U.S. business, and KRW 50 million will be used as B for the expenses for the progress of the business, and the Defendants presented a false statement of KRW 50 million in the amount of KRW 50 million issued by J bank E at the number of I bank.
However, in fact, the Defendants did not intend to encash the above check or raise investment funds to the United States, and were thought to use the funds received from the victims as office expenses, living expenses, etc., so there was no intention or ability to make investments to the victims by preparing the investment funds of 15 billion won.
. As such,