beta
Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 5, 2017, the Defendant against the victim C provided that “D is the victim’s member store, and the person in need of supply pays 20% of the fee when he/she pays a card in the form of card tin at the store.” 20% of the fee is divided by the head of the D team, the investor, etc., and if he/she makes an investment in the unit of KRW 10 million, he/she is entitled to receive 5% of the profit every week, and the principal shall be returned continuously, and if he/she wishes to take it, he/she may receive a refund immediately.”
However, the Defendant recruited a large number of investors from July 2017 to November 1, 2017, and invested a total of KRW 128,0140,000 to the “line-based tin business” under the above tentative name, but incurred a loss of KRW 330,370,000 due to the escape of the chain-based merchant that received an investment in money on November 1, 2017, the Defendant thought that he/she received money from the victim and used money for other personal purposes, such as repaying the principal of investment to the existing investors, and even if he/she received an investment from the damaged person, he/she did not have any intent or ability to pay the principal and interest to the victim by investing in the said business in accordance with the agreement.
Accordingly, the Defendant: (a) by deceiving the victim as above; (b) received from the victim the remittance of KRW 40 million from November 6, 2017; and (c) received a total of KRW 183,50,000 from around that time to March 9, 2018 by the same method as indicated in the list of crimes in attached Table 1 in the same manner.
2. On November 5, 2017, the Defendant against the victim E: (a) had “D” member stores; (b) when a person in need of supply makes a payment from the card-based member store in the name of the card-based member, 20% of the fee is detached; (c) the victim’s team leader, investors, etc. receive 20% of the fee in installments; and (d) if an investment is made in the unit of KRW 10 million, 5% per share.