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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
The defendant around 2015 is a person who has operated a small-scale selective service business after obtaining a door-to-door assignment from a home company, such as a corporation B, etc.
When the victim C, who was aware of the Defendant’s wife’s husband (Dong-dong relationship), has retired from his workplace on December 2, 2014, the Defendant was aware that he would have invested surplus funds such as deposit for lease deposit, etc. that he had around the time to receive a certain monthly profit, and was able to receive money from the victim in the form of investment deposit and use money for the Defendant’s home-based business or personal debt repayment, etc.
1. Fraud: The defraudation Defendant, at the home of the Defendant of the Young-gu D apartment E, Seocho-gu, Seocho-gu, Seocho-gu, Cheongju on August 1, 2015, stated, “In the event of investment in the home-based service business, 50,000 won from 10,000 won from 10,000 won from 10,000 won from 10,000 won from 10,000 won from 20,000 won from 20,000 won from 20,000 won from 20,000 won from 20,000 won from 30,000 won from 1, 201
However, at the time, the Defendant did not have the intent or ability to pay the 500,000 won of the monthly investment amounting to KRW 10,000,000, and was planned to use part of the money received from the victim as living expenses or debt repayment, and there was no intention or ability to repay the invested principal.
Nevertheless, as above, the Defendant, by deceiving the victim C, received KRW 200,000 from the victim to the Agricultural Cooperative (G) account in the name of the Defendant’s wife F on August 8, 2015 and received KRW 70,971,000 in total on 12 occasions as shown in the separate crime list, as the investment cost for selective transfer service, during the period from August 8, 2015 to January 25, 2017.
2. Fraud: The criminal defendant by fraud of 41,322,90 won in the name of the selective distribution business shall be the means of movement of human resources to the victim C in light of the characteristics of the selective distribution business.