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A person shall be punished by imprisonment with prison labor for not less than one year and six months and by imprisonment with prison labor for not less than six months for the crimes of No. 3 as stated in the judgment of the defendant.
Reasons
Punishment of the crime
[Criminal Power] On September 28, 2010, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Seoul Southern District Court on September 28, 2010, and the judgment became final and conclusive on October 6 of the same year, and is provisionally released on February 29, 2012 during the execution of a sentence in a female prison.
6.9. The parole period expired.
【Criminal Facts】
"2013, 474"
1. On April 2008, the Defendant issued a false statement that “The Defendant would pay profits dividends in excess of the principal by paying profits for 50,000 won each day to the victim E, including the payment of profits for 50,000 won each day if the Defendant invested KRW 550,00 won per unit of 15,00 won to the Defendant’s office located on the third floor of the Yeongdeungpo-gu Seoul Metropolitan Government C building.”
However, in fact, the Defendant had been operating a similar recipient company at the time, and had no profit from the business of selling officetels or the business of selling brain ginseng, etc., and had paid the investment principal, profit, employee pay, and business expenses of subordinate investors with the investment money of subordinated investors, so the Defendant cannot avoid bankruptcy unless he/she received an investment from the investors without any limit. Therefore, even if he/she received an investment from the victim, he/she did not have the intent or ability to pay the high-rate profit and the investment principal as agreed upon.
As above, the Defendant, by deceiving the victim as above, received KRW 2,00,000 from the victim to the D account, around April 14, 2008, and by deceiving the victim in the above manner from around that time to August 28, 2008, and then, by deceiving the victim, received a total of KRW 730,820,000 from the victim over a total of 109 times, as shown in Appendix 1.
"2013, 565" 2.