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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.
1. On July 20, 2017, the Defendant made a false statement that “The Defendant would create KRW 30 million,000,000,000,000, if he/she paid to the victim B a monthly number of accounts, and paid the monthly amount of KRW 2 million.”
However, the Defendant, as an employee of a corporation at the time, received a proposal from the said corporation that “if he/she has recruited a fraternity and invested in the said fraternity, he/she may make profits by re-investmenting the paid fraternity and the amount remaining after settling the accounts in D,” and received the fraternity from the victim as if he/she operated a normal number system by concealing such fact, and there was no intention or ability to pay the fraternity to the victim on the date set by operating the normal number system.
As above, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the account of community credit cooperatives (E) in the name of the Defendant, and received a total of KRW 1,0250,000 from the victim by the same method until November 15, 2017, as shown in the attached List of Crimes.
Accordingly, the defendant was given property by deceiving the victim.
2. On December 19, 2017, the Defendant: (a) made phone calls to the victim on December 19, 2017; and (b) made a false statement that “The Defendant received KRW 1,353,000,000 as an advance payment; and (c) paid KRW 1,40,000 as an interest per month on KRW 1,50,000 per week.”
However, as the Defendant re-investment in D through C Co., Ltd. as stated in the above paragraph (1), even if 1.4 million won is additionally paid from the victim, the Defendant did not have the intent or ability to pay the amount agreed to the victim and the interest of 4.5 million won per month.
The Defendant is as above.