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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On November 20, 2013, the Defendant was sentenced to the imprisonment of eight months at the Suwon District Court for fraud, and the judgment became final and conclusive on the 26th of the same month.
B made a lot of money as a stock investment, and the Defendant is located as a successful stock investor, and the Defendant conspireds to receive money from the victim C who is a kyker in B as if he would raise a reasonable profit if he makes an investment as a stock investor who is the other party to a large amount of loss.
B by phoneing to the victim on January 2009, B, “A is a able investor and telephone call,” and the Defendant “B is a shareholder who is a major investor of B, and does not receive a small amount of investor,” and Party B will be specially accepted by the victim. If an investment is made, 20% of its profits will be paid.”
3. Around 24. A made a false statement to the victim that “If the victim makes an investment of KRW 15 million, the victim will pay high profits by the end of May.”
However, in fact, the Defendant and B did not have a lot of money with stock investment, and there was no intention or ability to pay profits even if they received money from the victim as a means of stock investment, because they planned to consume money for personal purposes, such as living expenses, by receiving money from the victim.
Nevertheless, the Defendant, along with B, deceivingd the victim, and acquired the victim through a bank account in the name of the Defendant from the victim to a bank account in the name of the Defendant on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by the prosecution (including the part recorded in C’s statement);
1. Each police interrogation protocol on the accused and B;
1. Each police statement concerning B and C;
1. A complaint, details of transactions, and telephone conversations;
1. Previous records: Criminal records, investigation reports (Attachment of criminal records of a suspect), application of court rulings and other statutes;
1. Criminal facts;