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Defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
1. A criminal defendant against the victim C was employed in the Japanese Partnership around December 2008 and left the company on December 2, 2009, as if he/she continued to attend the Japanese Partnership, the defendant made a false statement as if he/she had no intent or ability to guarantee the principal of stock investment to the victim and could guarantee the principal or repay the borrowed amount without intent or ability to repay the borrowed amount. The defendant made a false statement as if he/she did not have an intent or ability to make a marriage.
On October 29, 2012, the Defendant stated that “The fact in the area near the Seocho-dong Southern Terminal in Seoul, Seo-dong, Seoul, would not have any intent or ability to guarantee the principal, and the victim was planned to use the transferred money again,” but the Defendant stated that “I will make profits from the investment of stocks. The principal will also be guaranteed.”
As above, the Defendant, by deceiving the victim, had the victim transfer KRW 3 million to the national bank account in the name of D on the same day, and thereafter received KRW 63.2 million in total from the victim eight times in total from October 28, 2014, as shown in the List of Crimes (1) in attached Table 200,000 from around October 28, 2014.
2. Around September 14, 2013, the Defendant committed the crime against the victim E, stating that “The victim E who is expected to enter the said C’s words “F and marriage with F” in a mutually unsound restaurant located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, would have made a false representation that the Defendant would guarantee the principal and receive high profits if he/she makes a stock investment through himself/herself.”
However, in fact, the defendant did not have the intent or ability to guarantee principal, and was planned not to invest all the money received from the victim.
As above, the Defendant deceivings the victim, and thereby deceiving him/her, shall be from the victim.