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A defendant shall be punished by imprisonment for two years.
Reasons
Criminal facts
[Criminal Power] On November 22, 2019, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Daejeon District Court on March 20, 2020 and the judgment became final and conclusive on March 20, 202.
[200 Highest 1155]
1. On April 2018, 2018, the Defendant acquired investment money by deception: “The Defendant said that, at the Defendant’s house located in Heak-gu B and C, he would give profits from each share if he makes an investment as a company E, the Defendant would have made an investment.”
However, the fact that “E” was voluntarily created by the Defendant, did not actually exist, and the Defendant was willing to use to invest in stocks or pay personal debts with money from the victim. Since there were many losses from the investment of stocks at the time, there was no intention or ability to pay the victim profits even if he received money from the victim.
Around April 24, 2018, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the F bank account (G) in the name of the Defendant as investment money, and received KRW 127,628,560 in total from four victims in the same manner as written in the list of crimes from around that time to April 10, 2019.
Accordingly, the defendant acquired the victims' property by deceit.
2. On April 24, 2019, the defrauded of the borrowed money: “Around April 24, 2019, the Defendant said that “If a victim H is liable to pay the borrowed money rapidly, he/she will repay the principal and interest every month within five years with the loan of KRW 20 million.”
However, in fact, the Defendant had a personal obligation of KRW 40 million at the time, and the investment amount to be returned was equivalent to KRW 286 million, so even if he borrowed money from the victim, there was no intention or ability to repay it.
As above, the defendant deceivings the victim and belongs to it.