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1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;
However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Defendant A around June 7, 2015, the Defendant stated that “Around June 7, 2015, the victim C is illegal in the Republic of Korea to open and operate the game site of domestic D, but Hong Kong has obtained regular permission in Hong Kong, limited investment from investors, and 3% of the amount invested per day shall be paid to investors, and 10% of the amount of investment shall be paid to investors, and the principal shall be paid in full after 4 months after the date of recommendation by other persons. In addition, if members are subscribed on the D website, it is possible to confirm dividends and withdraw them.”
However, the above D is a structure that prevents the return of the profits of senior investors from the investment proceeds of junior investors without a profit structure, and ultimately, it is impossible for junior investors to pay the principal or fees to the investors, and even if the investment proceeds are received from the victims, there was no intention or ability to pay the agreed profits from the investment proceeds as well as the principal of the investment.
Around June 7, 2016, the Defendant, by deceiving the victim as above, received KRW 11,700,000 from the E bank account under the name of the Defendant in the name of the E bank from the victim and received KRW 11,70,000 under the pretext of investment money from the victim, and by such method as described in the attached
7. By July 1, 200, a total of KRW 154,700,000 was remitted over 10 times.
2. Defendant A around June 2015, the Defendant introduced the victim F as the Korean representative at the Gangnam-gu Seoul regional office, Gangnam-gu Seoul regional office, and stated that “G is an enterprise that creates profits by providing online horse information, if it invests KRW 1.3 million per code, it shall be paid five times a week from the following day to KRW 30,000,000 per unit, and the principal may be recovered within two to three months.”
However, in fact, the above G is profits.