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A defendant shall be punished by imprisonment for two years.
except that the execution of a sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
"2018 Highest 2626"
1. On December 8, 2009, the Defendant against the victim D was making profits from 20 to 30% per share at the name of the agricultural cooperative located in Ulsan-dong, Ulsan-gu, the National Agricultural Cooperative Federation of the Agricultural Cooperatives.
The principal will also be guaranteed as well as high profits by purchasing US dollars at the time of receiving the payment.
“A false statement,” and its affiliated amount received KRW 52,00,000,00 on December 12, 2009 from the injured party under the name of the Defendant from the K bank account (number E), the amount of KRW 18,00,000 on February 4, 2010 opened under the name of the Defendant, the amount of KRW 12,00,000 on March 22, 2010, the amount of KRW 12,00,000 in the name of the Defendant was opened under the name of the Defendant (number G), and the amount of KRW 52,00,000 on May 12, 2010 was transferred to the national bank account (number I) opened under the name of the Defendant’s designated by the Defendant.
However, even if the defendant received the above money from the injured party, he did not have any intention or ability to pay the high profits or to guarantee the principal.
As a result, the Defendant was given KRW 52,000,000 by deceiving the victim.
2. Fraud to the victim J;
A. On January 13, 2010, the Defendant committed a crime on or around January 13, 2010, at L coffee shop located in Ulsan-gu K on January 13, 2010, to leave the exchange profits by purchasing USD 1 at a deposit with the victim J and guarantee the principal.
“At the same day on the same day, the said day was transferred KRW 11,500,000 to the foreign exchange bank account (number G) opened in the name of the Defendant from the damaged person, and KRW 11,50,000 in total to the bank account (number E) opened in the name of the Defendant, and KRW 23,000,000 in total.
However, even if the defendant received the above money from the injured party, he did not have the intent or ability to guarantee the principal when the injured party left exchange marginal profits or suffered losses.
As a result, the Defendant was given KRW 23,000,000 by deceiving the victim.
B. The Defendant committed the crime on March 24, 2010 was the victim at the place where it was between Ulsan-gu and Ulsan-dong on March 24, 2010.