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Defendant
A Imprisonment with prison labor for a year and six months, and each of the defendants B shall be punished by imprisonment for a period of two years and six months.
-the applicant for compensation.
Reasons
Punishment of the crime
[criminal power] Defendant A was sentenced to five months of imprisonment for fraud at the Busan District Court on October 19, 2017 and two years of suspended execution, which became final and conclusive on October 27, 2017, and is currently under suspended execution.
【Criminal Facts】
Defendant
A is a person running D (hereinafter referred to as “D”) and Defendant B is a person operating a real estate office, and even if the Defendants received money from the victim C and the victim F, the Defendants conspired to obtain money from the victims C and the victim C by means of personal use, such as using the money by deceiving the victims and using it for personal purposes or using it for other investors’ investment money.
1. The Defendants’ co-principal
A. On April 18, 2016, the Defendants conspired to commit the crime against the victim C, and Defendant B made a false statement to the victim C, who was aware of usual knowledge at the French site, stating that “I will make an investment to trade in China, and if I lend KRW 60 million, I will use it for 10 days and give the principal and interest in KRW 3 million.”
However, in fact, the Defendants thought that the aforementioned D had already deteriorated business management and received the borrowed money from the victim for personal purposes or used it for other investors' investment, and did not have the intent or ability to repay the borrowed money and its interest to the victim.
As a result, the Defendants conspired with the victim, and thereby deceiving the victim to transfer KRW 60,00,00 from the victim’s G bank account under the name of the Defendant B to another investor designated by the Defendant A, and transfer the investment money to the other investor designated by the Defendant A, and thereby, Defendant B is in total as shown in attached Table 1 from April 18, 2016 to August 25, 2016.