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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[2011 Highest 3155] The defendant did not have the intent or ability to pay the agreed allowance and principal to the victim even if he/she received money from the victim B (or the age of 44) for the purpose of investment.
Nevertheless, around December 28, 2009, the Defendant, at the Dhap law office located in Gangnam-gu Seoul Metropolitan Government, stated that “10 million won shall be paid to the victim four times a week in terms of revenue, and then three times a day shall be paid in 10 million won, and then the principal shall be returned 100 million won after 10 days thereafter,” and that this false statement was received from the victim, namely, KRW 10 million in tin, KRW 50 million in January 11, 201, KRW 50 million in 20 million in total, and KRW 50 million in January 15, 2010, and KRW 200 million in total as investment money.
[201st order 3838] On January 22, 2010, the Defendant, at the F branch office of the Seoul Seocho-gu Seoul building E Co., Ltd., a representative of the Defendant, stated that “Korea Co., Ltd. has invested in an insurance company, such as interesting life, winter life, modern marine insurance, etc., and has received profit from about 900% to about 1200%, which would pay KRW 12 million for up to two months.”
However, even if the victim receives money from the victim as a means of investment, it was trying to use it as the payment of profits to other investors, and there was no intention or ability to make profits from the investment in insurance companies.
The Defendant, as above, deceiving the victim as above, obtained KRW 10 million on the same day from the victim, KRW 27.2 million on the same month, KRW 40 million on February 2, 2010, KRW 10 million on the same month, KRW 29.10 million on March 8, 2010, and KRW 110 million on March 3, 2010.
[2011 Highest 4312] On September 2009, the Defendant paid 10-30% of the principal as allowances at the F Branch Office of the F Branch of the F Branch of the F Branch of the F Branch of the F Branch of the F Branch of the F Branch of the F Branch of the F Branch of the F Branch of the Plaintiff and paid 20-30% interest on the date of the investment.