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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2018 Highest 3516]
1. On June 29, 2018, the Defendant made a false statement to the victim P (e.g., 500,000 won interest on the initial investment of 5,000,000 won for any other person) at a coffee shop where it is impossible to know the trade name in Yangsan-si at Yangsan-si, Yangsan-si, the Defendant made it false to the victim P (e.g., 40,000 won for any other person, and would allow him/her to have a special interest of KRW 1,00,000 per month for any existing investment of KRW 5,000,0000 won for any more investment and extension of the period, thereby allowing him/her to receive KRW 3,00,000 per month.
However, even if the defendant received investment money from the victim, there was no plan to make investments, and there was no intention or ability to return the principal to the victim as he thought to use it for other purposes such as living expenses.
Around June 30, 2018, the Defendant received KRW 15 million from the victim’s spouse Q’s corporate bank account from the victim’s spouse Q to the International Association (S) account in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
2. Around August 17, 2018, the Defendant made a false statement to the effect that “I would like to make an additional investment, and would be able to pay monthly interest,” “I would have many investment goods, and if I would have invested KRW 50 million, I would be able to receive more profits.”
However, even if the defendant received investment money from the victim, there was no plan to make investments, and there was no intention or ability to return the principal to the victim as he thought to use it for other purposes such as living expenses.
Around August 17, 2018, the Defendant received KRW 10 million from the victim’s spouse Q’s Tbank account from the victim’s spouse Tbank account (U) to the International Association (S) account in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
[Attachment 2019 order 117]