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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
The Defendant stated that “C” located in Dongjak-gu Seoul Metropolitan Government on May 201, 201, located in Dongjak-gu Seoul Metropolitan Government on the date of May 2011, and that “The Defendant would purchase electronic equipment by a person and sell the benefit of 20 to 30% remaining. In making investments to the branch, the Defendant would pay the principal and interest of 15 to 20% during the three-month period after the investment.”
However, in fact, the Defendant had a debt equivalent to KRW 400 million at the time, and was thought to be used to repay personal debt mainly by receiving money from the victim, and thus, even if receiving money from the victim, the Defendant did not have the intent or ability to pay the principal and interest to the beneficiary.
Nevertheless, on May 20, 201, the Defendant, by deceiving the victim as above, received KRW 10,000,000 from the E account (F) in the name of the Defendant under the name of the victim on May 20, 201, as well as from that time, received KRW 227,30,000 in total five times by the same method until October 31, 201, as shown in the list of crimes in the attached Table 1 in the same manner.
Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits of 227,300,000 won.
around June 7, 2010, the Defendant stated that “Around June 7, 2010, the Victim H located in Gangnam-gu Seoul Metropolitan Government,” the Defendant purchased wells at the victim’s residence and sold them to K stores, etc. separately at the factory that manufactures electronic equipment of a large enterprise, such as I or J, and would pay the principal and interest of 11-14%.”
However, in fact, the Defendant had no intention or ability to pay the principal and interest of the investment to the victim because the Defendant had a debt equivalent to KRW 400,000 at the time.
The Defendant, as above, is the name of the Defendant under the name of the victim for the same day as the investment money from the victim.