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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, who is in office as a manager of the assets of the Company B, invested in the lending business of the “C” to the customers who came to know of the insurance business, shall guarantee the principal and make a final payment of the 1% profit per month. On November 4, 2016, the Defendant, as a manager of the assets of the Company B, received KRW 40 million from the victim D as an investment in the said “C”.
1. On November 8, 2017, the fraud Defendant stated that “A victim D who has invested KRW 40 million in the above “C” in accordance with the Defendant’s proposal that “if there is any money, there is a good and well-being interest, the additional investment would also guarantee the principal and promise to pay 1% per month.”
However, in fact, since the Defendant did not receive profits from the “C” from around September 2017 as to the existing investment funds of the victim, the Defendant paid the victim money in the name of his own money, and further, the “C” did not receive any investment money, and thus, was thought to be used in repaying the Defendant’s personal loan funds or paying the proceeds to other investors in so-called “competing” instead of investing the said money in the “C,” and there was no intent or ability to guarantee the principal or pay the interest even if receiving the additional investment funds from the victim.
Around November 10, 2017, the Defendant, by deceiving the victim as above, received KRW 30 million under the name of “C” from the victim to the E (F) account under the name of the Defendant.
2. The Defendant in violation of the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission under other Acts and subordinate statutes, or without filing for registration or report, etc., and the Defendant’s “C” to investors G at an irregular place around September 6, 2016.