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Defendant shall be punished by imprisonment for not less than two years and six months.
All applications for compensation order filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The defendant had attempted to acquire money from the victims under the pretext of investment in insurance products.
1. On December 21, 2018, the Defendant: (a) stated that the victim made an investment in Kakao Stockholm dialogue with the victim at the Kakao Kakao on a 21st century, “The insurance products guaranteeing the principal and the profits of the victim, including the payment of KRW 59.8 million on February 25, 2019, if it invests in KRW 59.9 million.”
However, the above insurance products do not exist, and at the time, the defendant was thought to use the money received from the victim as repayment of the existing debt or as living expenses, etc., and did not have the intent or ability to pay the principal and the profits.
The Defendant, as such, by deceiving the victim, received 250,000,000 won from the victim’s E account on December 23, 2018 from the victim, and received the total amount of KRW 948,80,000 from around that time to April 12, 2019 in the same manner as indicated in the attached Table 1.
2. On January 8, 2019, the criminal defendant against the victim B told the victim to the effect that “When investing KRW 97.7 million in the Kakaoogle, an insurance product guaranteeing the principal and the proceeds by paying KRW 7.5 million to the victim on March 2, 2019.”
However, the above insurance products do not exist, and at the time, the defendant was thought to use the money received from the victim as repayment of the existing debt or as living expenses, etc., and did not have the intent or ability to pay the principal and the profits.
As such, the Defendant, by deceiving the victim as such, received a total of KRW 214,60,000 from the victim to the Defendant’s F account on January 15, 2019 and received KRW 50,000 from the victim’s F account, as indicated in attached Table 2, in total four times from around that time to January 31, 2019, as shown in attached Table 2.
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