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1. As to each of the crimes listed in the judgment of the 2012 Highest 245 cases, Defendant A shall be punished by imprisonment with prison labor for one year and six months, and the Highest 2012 Highest 250 cases.
Reasons
Punishment of the crime
[criminal power] On July 13, 2010, Defendant A was sentenced to a suspended sentence of two years on July 21, 2010 by the Jeonju District Court for the crime of fraud and the violation of the Attorney-at-Law Act, and such judgment became final and conclusive on July 21, 2010.
[Attachment 2012 Highest 245]
1. On February 2010, the Defendants established a mutual company with China’s Cheong City F in order to conduct food trade business. Besides, the Defendants also run a restaurant business with the trade name of “G” in the Cheongyang-gu, China’s Cheongyang-gu, and engage in a marina business with the trade name of “H”.
On February 23, 2011, the Defendants made a false statement to the victim I, “A, C, B, and J, each of which is KRW 1.2 billion, operate K in the state where the total amount of KRW 1.2 billion was invested, but the project is not well-grounded as a matter of remedy, so it is insufficient in the capital to obtain a total sales in the area of whole China, and to seek to operate a business importing domestic coffee to China. The amount of KRW 300 million is to be invested and distributed by obtaining a large profit. Since the Defendants operate a public restaurant, massage place, etc. in China, the Defendants made a false statement to the victim that “A, and C, and B, and J, each of which is KRW 1.2 billion investment, will return the investment money after disposing of the place of business.”
However, at the time, the Defendants could not obtain the authority to sell coffees to the entire Chinese region, and even if they received money under the pretext of business investment as a result of lack of business operation funds to the victims, they could not invest the money only in the coffee sales business. Defendant A, Defendant C, Defendant B, and the above J did not have any investment amounting to KRW 100 million in each of the above 100 million capital, and there was no ability to arrange the above cafeteria and marina business if the business is not well-grounded, to return the investment money to the victims.
In the end, the Defendants conspired to deceive the victim as above and belong to it.