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A defendant shall be punished by imprisonment for not less than eight months.
The defendant pays 30,000,000 won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
[criminal power] On September 4, 2014, the Defendant was sentenced to imprisonment with prison labor for ten months, imprisonment with prison labor for two months, and imprisonment with prison labor for one year and six months at the Busan District Court, respectively, and the judgment became final and conclusive on November 13, 2014.
【Criminal Facts】
Around June 2012, the Defendant made a false statement to the effect that “the victim D, who was a student of the Defendant’s private lecture in the mutual French shop located in the Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government, was able to make a profit at least three times in the month when it is listed by this Company, and KRW 100 million is invested.”
However, in fact, the Defendant was not the representative of the “Nice” and used the money received from the victim as personal debt repayment or a separate business fund, etc., and there was no intent or ability to pay the profits promised to the victim even if the Defendant received money from the victim as investment funds.
Nevertheless, the Defendant deceivings the victim as above, and was transferred KRW 100,000 from the victim on June 18, 2012.
Around June 21, 2013, the Defendant made a false statement to the effect that “A victim C, who contributed to broadcasting and became aware of, and contributed to, broadcasting, will return 30 million won to 100 million won by raising three times the profits within one month if he/she invests 30 million won in the UN KON stocks.”
However, in fact, the Defendant was not the representative of the “Nice” and did not have the intent or ability to pay the agreed profits even if he received money from the victim, such as personal repayment of the obligation or use of the money as a separate business fund.
Nevertheless, as above, the Defendant deceivings the victim as above and acquired the victim's money from the victim on June 22, 2013.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and C 1.