beta
Text
A defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case, the fraud against the victim B, C, and D shall be acquitted.
Reasons
Punishment of the crime
"2019 Highest 4044"
1. On August 6, 2018, the defrauded concluded that “Around August 6, 2018, the Defendant would pay the principal and profits in 50,000 won per day (excluding holidays) from 30,000 won every day from 30,000 won to 5,000 won to acquire the listed company.” The Defendant made a false statement to the victim H, stating that “The Defendant would pay the principal and profits in 50,000 won every day (excluding holidays) after 3,000 won.”
However, the Defendant did not have the funds to acquire a listed company, and there was no intention or ability to pay the principal and the profits, even if the Defendant received the investment funds from the victim, because the Defendant did not have the so-called “commencing” in which senior investors paid the profits from the investment funds.
As above, the Defendant, by deceiving the victim, received KRW 2,00,000 from the victim to the I Bank account in the name of the G Bank in the same day, and received KRW 38,00,000 from August 6, 2018 to August 10, 2018 by receiving KRW 10,000,000 from the victim 9, as shown in the crime list in attached Table 1, as well as from August 6, 2018.
"2019 Highest 6068"
2. On November 26, 2018, at the Seoul Seocho-gu Seoul Seocho-gu Jbuilding, at the KK office in charge of the management of the Defendant, the Defendant stated that “If the Defendant has invested KRW 20,000,000 in the parent fund marketing, the Defendant would pay Mocco 1 punishment and guarantee the principal and interest by paying KRW 4,330,000 per share for six weeks.”
However, there was no profit-making business that the Defendant had been running, and there was no intention or ability to pay the agreed profits to the victims even if the Defendant received the investment from the victims, because there was a situation in which the Defendant had been invested from other investors under the pretext of the listing acquisition, and then paid the profits to the investors by the so-called “competing”
Nevertheless, the defendant is the victim.