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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On July 25, 2014, the Defendant was sentenced to one year and six months of imprisonment with labor for a violation of the Fraudulent Act and the Labor Standards Act at the Seoul Central District Court, and two years of suspended execution, which became final and conclusive on May 29, 2015.
【Criminal Facts】
1. On August 16, 2013, the Defendant, against the victim E, made an auction of real estate at a non-permanent location on August 16, 2013 to the victim E, and paid 12% of the principal to the victim E as investment profits once every 2-3 months, and recommended investment to guarantee the principal.
However, at the time, the defendant corporation F, which was operated by the defendant, was in difficult financial situation to the extent that employee's benefits are not paid. Since the defendant's purpose was to receive the investment money from the victim to use it for the repayment of personal obligations, there was no intention or ability to pay the investment profit or to guarantee the return of the principal as agreed even
Nevertheless, the Defendant, by deceiving the victim by such falsity, received 10 million won from the victim to the bank account in the name of the Defendant immediately.
2. On September 3, 2013, the defrauded G recommended the victim G to make an investment with the victim G by providing that “When investing money in real estate with an investment by inviting investors, 11% interest shall be paid within 2-3 months and the principal shall be guaranteed.”
However, at the time, the defendant corporation F, which was operated by the defendant, was in difficult financial situation to the extent that employee's benefits are not paid. Since the defendant's purpose was to receive the investment money from the victim to use it for the repayment of personal obligations, there was no intention or ability to pay the investment profit or to guarantee the return of the principal as agreed even
Nevertheless, the defendant deceivings the victim by such falsity and belongs to it.