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Defendant
A and C shall be punished by imprisonment for two years, and by imprisonment for three years, respectively.
Reasons
Punishment of the crime
Defendant
A, around March 3, 2008, operated the F, developing and supplying software, the role of paying dividends to investors by settling accounts of the general fund management and dividends. Defendant B, using shares and futures investment-related programs of “G”, has played the role of investing the investment in the real futures market, and Defendant C has recruited to play the role of attracting investment from many and unspecified persons.
On April 3, 2008, the Defendants made a false statement to the victim I, “G, which is a gift forecast program developed by the Defendant B, is equivalent to KRW 1 billion in the market price, and there is no concern that any loss may be incurred if an investment is made by using the program.” The Defendants made a false statement to the effect that the amount of investment would be paid a dividend of KRW 1.7% per month and the investment principal will be guaranteed.”
However, the above program does not amount to one billion won, and the defendants were not able to make profits due to the lack of investment by using the above program.
The Defendants, in the same manner as indicated in the attached list of crimes, acquired total sum of KRW 489 million from victims 14 times in the same manner in the same place from the Si to June 12, 2010, including that the victim I received KRW 12 million from the victim I on the same day as investment money, and agreed to pay the total amount of the future contributions or the amount in excess thereof.
Summary of Evidence
1. Defendant B’s statement in the first trial record;
1. Statements of each part of the defendant A and C in the first trial record;
1. Each protocol of examination of the witness in relation to J, K, I, L and M;
1. Part of the protocol of examination of witness B concerning the witness B;
1. Each prosecutor's interrogation protocol against the Defendants
1. Each letter of self-production of N,O, P, Q, R, S, T, U, and V;
1. The complaint filing statement and the investment trust contract;