특정경제범죄가중처벌등에관한법률위반(사기)등
Defendant shall be punished by imprisonment for not less than three years and six months.
An application for remedy by an applicant for compensation shall be dismissed.
Punishment of the crime
1. On June 4, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by posting a phone call to the victim D who was aware of infinite neighbors at a place not exceeding Ulsansan on or around June 4, 2015.
“A false statement” was made.
However, the Defendant did not have any intent or ability to make an investment in the investment scheme in which high profit is guaranteed even if the Defendant received an investment from the injured party, and there was no intention or ability to pay the profits as agreed upon by the injured party because the Defendant was either appropriated for the payment of principal and interest to the existing investors or planned to use it in the Defendant’s living
As such, the Defendant, by deceiving the victim, was given KRW 30 million through the deposit account (E) in the name of the Defendant on the same day from the damaged party under the name of the same day.
In addition, the Defendant received the total amount of KRW 59 million from the injured 17 times in total, such as the list of offenses (1) in the same manner from December 2, 2015 until December 2, 2015.
2. Around July 17, 2015, the Defendant made a false statement on the part of the “G” beauty room operated by the victim C in Ulsan-gun F, Ulsan-gun, that “The Defendant made an investment in the department store, making a high profit, and making an investment to pay 10% of the monthly amount invested as profits.”
However, the Defendant did not have any intent or ability to pay the profits as agreed upon by the victim, even if the Defendant received investments from the injured party, as stated in Paragraph 1, since he did not have any intent or ability to invest in the department store business.
As such, the Defendant, by deceiving the victim, was given KRW 30 million through the deposit account (E) in the name of the Defendant on the same day from the damaged party under the name of the same day.
In addition, the Defendant from November 12, 2013 to December 11, 2015.