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A defendant shall be punished by imprisonment for three years.
The defendant 161,60,000 won to C who is an applicant for compensation, and 25,000 won to F who is an applicant for compensation.
Reasons
Punishment of the crime
[2015 Highest 703]
1. Around November 9, 2014, the criminal defendant against the victim C made a false statement to the victim C, “Is up to 4-50% of the margin if Is up to sell this payment by wholesale and retail in a mutual ste shop located in Echeon-si, Ancheon-si, Anncheon-si. Is up to 30% of the margin. In the event of an investment, Is up to 30% of the amount of the investment will be paid as profits, and then the principal will also be returned.”
However, even if the Defendant received an investment from the victim, he was thought to use a significant portion of the investment funds as the import price, entertainment expenses, etc. At the time, the Defendant received the investment funds from many investors, including the victim, and was operating a mutually to prevent the return of the investment funds with mutual investment funds. Therefore, there was no other property, so there was no intention or ability to pay the proceeds promised to the victim, or to repay the principal of the investment funds.
As such, the Defendant, by deceiving the victim as such, received KRW 3 million from the victim’s account under the name of the Defendant on November 10, 2014, under the pretext of investment money, from the victim, and received KRW 397.6 million in total from around that time to April 3, 2015, under the same name as indicated in the attached crime list.
2. Around March 30, 2015, the Defendant against the Victim F made a false statement to the Victim F by telephone from H located in Ischeon-si G that “The Defendant supplied the Victim F with interest to the lower party, but if he purchases this payment in wholesale and sells it at retail, the margin remains at least 4 to 50%. In the event of an investment, 30% of the amount of the investment will be paid as profit and the principal of the investment will be returned later.”
However, even if the defendant receives the investment money from the victim, he thought that a significant portion of the investment money has been used as the revenue purchase price, entertainment expenses, etc.