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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
1. The Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) concluded that the victim C calls to the victim C for a false bank account in the name of the Defendant on December 12, 2012, that “if it invests in money, it is possible to use more than ten days to arrange the sale and purchase of heavy equipment and export, it is necessary to pay more than three million won to the victim, while leaving the profit of KRW 10 million in the total amount of KRW 10 million in the total amount of KRW 10 million in the total amount of KRW 3 million in the total amount of KRW 17 million.” This was remitted from the victim on December 12, 2012.
However, in fact, the Defendant did not engage in the business of brokering the sale of used equipment, and even if he received money from the victim for the purpose of investment, he/she intended to encourage continuous investment by consuming most of them in daily expenses and returning part of the amount of investment to the victim, which is the profit, and thus, he/she did not have any intention or ability to pay the investment principal and profit due to the absence of any particular income or property.
As above, the Defendant, as well as the Defendant, by deceiving the victim and being given KRW 17 million as investment money, received a total of KRW 1.5 billion from around that time to February 7, 2013, by remitting KRW 3 billion in total over 34 times, as shown in attached Table 1, as shown in attached Table 1.
2. On October 19, 2012, the Defendant was transferred from the victim to the new bank account in the name of the Defendant by phone calls from the victim F to the E-motor vehicle trading complex located in Cheongju-si, Cheongju-si, U.S., and by means of phone calls from the victim F to the effect that “In the Republic of Korea, the Defendant is engaged in the business of supplying bricks and the secondary sales. In investing in this business, 50% of the profits shall be reduced by 50% of the profits.” The Defendant was transferred from the victim to the new bank account in the name of the Defendant.
However, even if the defendant receives money from the victim F as investment money, he/she may return part of the money as if he/she left the profit and make the defendant believe.