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In the case of the crimes of No. 1, 2, and 4 in the judgment of the defendant, the imprisonment of one year and two months, and the crimes of No. 3 in the judgment of the defendant shall be sentenced to four months.
Reasons
Punishment of the crime
[2] On January 18, 2012, the Defendant was sentenced to two years of the suspension of the execution of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Friwon, etc. on August 18, 2012. On November 9, 2012, the Seoul High Court sentenced 8 months of imprisonment with labor for a violation of the Road Traffic Act and one million won of a fine at the Seoul High Court on January 21, 2013, which became final and conclusive on January 21, 2013, and completed the execution of each of the above punishment at the Suwon Friwon detention House on November 2, 2013. On August 27, 2015, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Road Traffic Act (drinking on September 4, 2015, which became final and conclusive on September 4, 2015. The execution of vocational training was terminated in the prison on January 4, 2016.
"Criminal facts" 【2016 Highest 3177】
1. Joint crimes committed with the accused and C;
(a) The Defendant and C, around February 2015, invested the victim D in the above-mentioned friendship or service business in operating the POB. The Defendant and C can impose profits on the victim D.
The purpose of this paper is to obtain money from the injured party as the investment money for the above services or services from the injured party.
On February 5, 2015, the Defendant: (a) around 15, 200,000 won (hereinafter referred to as “the Defendant”) paid to the victim the profit of KRW 1,50,000,000 per month when the Defendant, within the cosmetic-gu, Yongsan-gu, Incheon-si, U.S., U.S.-si, U.S. and invested KRW 20,000,000 in the said friendship or service business.
“A false statement” was made.
However, the facts were that C did not operate the above H Hea, and even if the Defendant and C received investments from the injured party, they did not have the intent or ability to pay profits by investing in the business of friendship or service.
On February 5, 2015, the Defendant and C conspired to receive KRW 5 million from the injured party to the Credit Union account (I) around February 5, 2015, and received KRW 5 million from the said account at around the 17th day of the same month, and received KRW 5 million in cash on the same day, and received KRW 5 million from the said account at the 18th day of the same month, and received KRW 5 million in total.