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A defendant shall be punished by imprisonment for four months.
All applications for compensation order filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On July 2010, the Defendant paid 5% dividends to the victim C when the Defendant made an investment in the tourism product called "Damond Aviation Company located in Hong Kong" in the Republic of Korea at the next department store office of Jung-gu, Daejeon at around 14:00 on the first day of July 2010, when 30 members are recruited, 3.5 million won is given to the class, 3.5 million won is paid to the first class, 6 million won is paid to the overseas merchandise coupon, 12 million won is paid to the first class, 3.4 million won is paid to the second class, and 12 million won is paid to the company through the first class of "Damond", and 1 million won is provided to the above company through the first class of passenger car and loan, and if the investment is made again by making a profit, it shall not be considered an allowance.
“...... G refers to the same purpose as the victim.
However, even if the defendant received money from the victim as investment money, he did not have the intent or ability to invest in the above company, and the defendant had already been given the money as dividend to other persons recruited as investors.
Nevertheless, the defendant made a false statement to the victim, and such statement from the victim
8.20. Receipt of a remittance of 12 million won to a bank account in the name of the defendant,
9.6.10 million won was remitted.
Accordingly, the defendant conspireds with G and acquired 22.8 million won from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness C, D, and E;
1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;
1. A complaint;
1. Data from the Internet output;
1. Details of transactions;
1. Qua;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;
1. Article 25(3)3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and the Promotion, etc. of Lawsuits;