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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
"2015 Highest 2431"
1. On March 2012, the Defendant against the victim C is expected to make a return at any time after one year has elapsed if he/she requested a victim C to re-investment the profits by making profits and return the principal and the profits if he/she has made an investment.
“A false representation was made.”
However, at the time, the Defendant did not have any particular assets, and there was no other assets, and there was no credit card payments and loan payments, and even if the Defendant received the investment money from the injured party, the full amount could not be invested, and there was no intention or ability to return the principal and the profits after one year.
Nevertheless, the Defendant received an amount of KRW 10 million from the victimized person on March 6, 2012 to the account under the name of the Defendant for investment, as well as an amount of KRW 10 million on July 3, 2012; KRW 30 million on November 30, 2012; KRW 4.5 million on January 24, 2013; KRW 6 million on March 26, 2013; KRW 13 million on May 23, 2013; KRW 20 million on August 7, 2013; and KRW 115 million on a total amount of KRW 7 million on March 24, 2014.
2. On April 2014, the Defendant against the victim D’s fraud: (a) made an investment in a stable investment vehicle, such as bonds, goods, and stocks, to the victim D at an unspecified place; and (b) give an amount of profit to the victim D; and (c) if a loss occurs by at least 3% of the total amount of investment, the Defendant will immediately cease the investment and return the principal.
“A false representation was made.”
However, even if the Defendant received a demand from another investor for the return of the invested money, the Defendant used most of the money to return it to other investors, and did not have any intent or ability to make an investment as agreed.
Nevertheless, the Defendant received from the injured party a total of KRW 40 million from each delivery on April 28, 2014, and KRW 20 million on July 29, 2014.
"The 2015 Highest 3672".