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A defendant shall be punished by imprisonment for eight years.
Each request for compensation order shall be dismissed by an applicant.
Reasons
Punishment of the crime
" 2018 Gohap 17"
1. Around September 2002, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim D, the Defendant stated that “The victim D operates a construction company called “E” at a non-place in Seocho-gu Seoul, Seocho-gu, Seoul, and the victim D, who made an investment in the parent company, paid 2% interest per month and returned the principal at any time.”
However, in fact, the Defendant only intended to use money from the injured party to prevent a return, such as paying interest on the investment money from another person, and did not have any intent or ability to pay the principal and interest to the injured party by means of generating profits by investing the said “E” company.
Nevertheless, on September 23, 2002, the Defendant: (a) received from the injured party a transfer of KRW 8 million from the F bank account in the name of the Defendant on September 23, 2002 to the F bank account in the name of the Defendant; and (b) received a transfer of KRW 28.44 billion in total from November 26, 2017 to November 26, 2017, such as the F bank account in attached Table 1.
2. Around October 2008, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim G in a non-place of Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, and the victim G has to enter bid to comply with H’s receiving orders from E, E, E, this is not enough to raise money.
When lending money, 2.5% interest per month was paid, and the principal is to be returned immediately when necessary.
However, in fact, the defendant tried to use the interest and principal to prevent the return by receiving money from the injured party, such as paying the interest on the investment funds of other persons, and he/she has the intention or ability to pay the interest and principal to the injured party in such a way as to generate profits after using it as bidding costs, etc. of the above company.