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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. The Defendant 2017 Highest 1363 was a person who had been aware of the Defendant from around 2016, while working in the E office located on the fourth floor and was in the same floor as the victim D;
On October 9, 2016, the Defendant stated that “When it comes to be well funded in making investments in domestic capital, 50% profits shall also be deemed to have been accrued, and no absolute damage shall be deemed to have been incurred, and when it is invested to B, it shall make 10% profits on the 20th day of each month and return within three days if it wishes to repay the principal.” On November 9, 2016, the Defendant stated that “When it makes an additional investment in KRW 20 million, it shall be combined with the principal and KRW 20% profits on the 24 million and shall be paid to the victim at the same place on the same day as before November 9, 2016.”
However, in fact, the Defendant has made investment in stocks with a high possibility of loss of principal by purchasing stocks that are scheduled to abolish the listing, and there was a situation where the loss was higher than the profit accrued from such investment, and it was thought that the considerable amount of the investment money received from the victimized person was used for the purpose of repaying obligations to F, which is not a stock investment, and thus, there was no intention or ability to pay the principal and profit to the injured person even if receiving the investment money from the injured
Nevertheless, on October 26, 2016, the Defendant: (a) by deceiving the victim; and (b) transferred the sum of KRW 40 million under the name of the Defendant’s G account (H) around October 26, 2016; and (c) KRW 60 million under the said name to the said account around November 9, 2016.
Accordingly, the defendant was given property by deceiving the victim.
2. On September 8, 2006, the Defendant of "2018 Highest 1,000" was sentenced to a fine of one million won for a violation of road traffic laws in the Gwangju District Court's net support on September 8, 2006, and six months of imprisonment with prison labor for a violation of road traffic laws (driving) in the same court on June 24, 2008, and on March 8, 2010 in the same court.