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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
1. The Defendant, in around 2008, tried to attract the victim B with “an investment by cultivating a team specified in the internal investment” at the office of the information center of the Nam-gu Seoul Special Metropolitan City Educational Information Institute prior to the Geumcheon-si.
If money is invested in securities, it is said that it will give a large number of profits.
However, the defendant thought that he will use the victim's money as personal debt repayment and living expenses, and even if he receives money from the victim, he did not intend to make profits by investing it in securities.
As such, the Defendant, by deceiving the victim, received money from the victim under the pretext of investment, KRW 5 million on November 28, 2008, KRW 200 million on December 31, 2008, KRW 13,000 on January 13, 2010, KRW 17,000,000 on June 17, 201, KRW 10,000 on September 21, 201, KRW 10,000 on September 23, 201, KRW 50,000,000 on behalf of the victims, and acquired money from the victims to the victims’ bank on behalf of the victims’ return rate of investment KRW 52,00,00 on October 10, 201.
However, in fact, the defendant thought that he received money from the victims to use his debt and living expenses, etc., and even if he received money from the victims, he could not make profits from the investment of the shares.
Around July 24, 2009, the Defendant received KRW 20 million from the victim D to the Korean Investment Securities Account in the name of the Defendant, as well as KRW 20 million from July 24, 2009 to January 12, 201 in the same manner, from July 24, 2009 to January 12, 201, and acquired it by receiving KRW 70,000,000 from the victims six times in total (the summary of the evidence 2017 order 113).
1. A statement by the defendant in court (a statement that there is no amount actually invested in the fund, etc. from among the money received from the victims);
1. Statement made by the police with regard to B or D;
1. Account transactions;