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The 1, 12-B and 13-B of the judgment of the defendant are punished by imprisonment for not more than three years and six months, and the 2 to 11, 12-A and 14-A of the judgment.
Reasons
Criminal facts
On August 30, 2011, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for larceny in Busan District Court on September 7, 2011, and the judgment became final and conclusive on September 7, 2011.
"2014 Highest 2326"
1. Even if the Defendant received money from the victims in the name of the investment fund for golf products, it was thought that the Defendant would actually purchase golf products in a large amount at a low price, and would pay the principal and profit with the invested money to the investors who left the proceeds by selling.
Nevertheless, around May 6, 2013, the Defendant made a false statement to the effect that “In the D golf equipment store in Kimhae-si, the Defendant purchased a golf machine with the inside of the country and would be able to pay the principal and its profits to the victim E, and if sold, a large amount of profits would remain. (b) 13 million won will be invested.”
As above, the Defendant, by deceiving the victim as above, received from the victim 13 million won from the Suhyup Bank account in the name of F under the pretext of making investments.
In addition, from July 8, 2014, the Defendant received from 18 victims totaling KRW 2,694,710,520,00 from 174 to 174 times from 18 victims, including the following: (a) bank account in the name of F; (b) bank account in the name of H; and (c) bank account in the name of G (Account Number K) bank account in the name of G, from 2,694,710,520.
"2014 Highest 3138"
2. On June 2009, the Defendant against the victim L made a false statement to the effect that “The Defendant would receive a large number of phonephones from the victim at the N golf equipment store located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, the Defendant supplied the victim with golf equipment at a lower level than the time. The Defendant would supply the advance to the victim with golf equipment at his/her own face.”
However, the fact does not have the intention or ability to provide the golf products normally even if the victim receives the payment from the victim.
As above, the defendant deceivings the victim and deceivings him from the victim on August 29, 2009.