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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant is the representative director of E Co., Ltd., and around 14:00 on August 31, 2014, at the above company office located in Seocho-gu Seoul Metropolitan Government Ftel 1102, the defendant will give the victim G a profit equivalent to 5% of the monthly investment amount and return the principal within one year.
The phrase “ makes a false statement.”
However, the above company received funds from other investors without direct investment, but the Defendant continued to make profits since its establishment, and did not pay profits to other investors at the time, and was thought to use the funds from the victim as repayment of profits, debt repayment, etc., and thus, even if receiving funds from the victim, there was no intent to use the funds in domestic and overseas derivative financial products, and there was no intent or ability to repay profits and principal within the period of time to the victim.
On September 2, 2014, the Defendant received KRW 5 million from the damaged party to the one bank account under the name of the said company as an investment deposit, and received a total of KRW 80 million over eight times from around that time to September 30, 2014, as shown in the list of crimes in the attached Table of crimes.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. An agreement on safekeeping of each cash;
1. Application of Acts and subordinate statutes to an investigation report (Submission of a detailed statement of transaction, etc. which is the complainant), a detailed statement of transaction, and a certificate of remittance of passbook;
1. Relevant statutory provisions for facts constituting an offense, Article 347(1) of the Criminal Act regarding the choice of punishment, conditions favorable to the reasons for sentencing of imprisonment: The defendant's consent to and reflects the crime, and the defendant's repayment of 11,50,000 won out of the damaged amount: The defendant's return of the principal by paying the profit within a given period after the occurrence of the profit by investment.