사기
A defendant shall be punished by imprisonment for not more than ten months.
Punishment of the crime
1. The Defendant committed the crime against the victim C and the victim D at around August 2015, 2015, saying, “The victim C and D will immediately return the principal to the victim C and D, because he/she may receive dividends from the investment in marina society. If he/she makes an investment in Mar society, he/she will pay dividends of at least one million won per month.”
However, the facts are that the defendant was not an employee of the Marina society, and the defendant did not receive any income or property, and even if he received the money from the victims, it was thought that he would use it as the gambling fund and cost of living. Therefore, there was no intention or ability to pay the dividend agreed to the victims and return the investment principal.
Around September 1, 2015, the Defendant, by deceiving the victims as above, received KRW 20 million in total from the Agricultural Cooperative (E) account in the name of the Defendant for the purpose of investment, from the victims.
2. On September 2015, the Defendant, at the same place as the above Paragraph 1, stated that “When investing in marina society, he/she is an executive member working in our society, he/she shall be paid dividends. If investing 50 million won in marina society, he/she shall give dividends from 2 million won to 3 million won in a month, and if he/she additionally invests 20 million won to 700,000 won in a month, he/she shall give additional dividends from 1 million won to 700,000 won in a month.” In addition, at any time, he/she shall return the principal immediately if necessary.”
However, the facts are that the defendant was not an employee of the Marina society, and the defendant did not receive any revenue or property, and even if he received money from the victim, he thought that he would use it as the gambling fund and cost of living. Therefore, the dividend agreed with the victim shall be paid.