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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 22, 2012, the defendant was sentenced to ten months of imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan District Court on May 2, 2012, and the judgment became final and conclusive on December 14,
"2012 Highest 9860"
1. On February 16, 2012, the criminal defendant against the victim C made a false statement to the victim C at Samsung Fire Office located near the Seocho-dong Busan Metropolitan City, Busan Metropolitan City, stating, “I would make profits of 15% per month if he/she has made an investment with a private village and a private village that is working on the third party securities.”
However, the fact was that the defendant had no private relationship with Samsung Securities and had already been responsible for a large amount of debt, so it was intended to use the money to repay the above debt when receiving the money from the victim, but did not have the intent and ability to make such investment.
As above, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim on the same day, KRW 10 million on or around February 23, 2012, KRW 20 million on or around March 12, 2012, KRW 5 million on or around March 28, 2012, KRW 2 million on or around April 2, 2012, and KRW 10 million on or around May 2, 2012, and KRW 68 million on or around May 3, 2012.
2. On April 28, 2012, the Defendant against the victim D calls from the victim D at a place where it is impossible to know the location below Busan Metropolitan City (hereinafter referred to as “the victim D”) and said, “The 15-20% of the investment income of the 15-20% investment income is to be invested with the 50 million won,” and the Defendant made a false statement by giving two copies of the passbook photographs as if the Defendant paid investment profits to another person as if he paid investment profits. However, even though the Defendant had already been in the absence of a private partnership with the Samsung Securities and had already been responsible for a large amount of other debts, it was intended to use it for the repayment of the said debt in the event of receiving money from the victim. This is the intent and ability to make an investment.