beta
Text
A defendant shall be punished by imprisonment for not less than two years and six months.
All applications for compensation order filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. Around December 2016, the criminal defendant against the victim B made a false statement to the effect that “B is an expert who has made an investment in the stocks of 30-year” to the victim in the beauty room operated by the victim B in Jung-gu Incheon, Jung-gu, Incheon, and that “B will make an investment in the stocks of the said money and return the principal to the interest rate on a monthly basis and at the same time as the principal wants.”
However, at the time, the defendant used money received from many other investors for living expenses, etc. or invested in the sale and purchase of shares, etc., but did not get any profit, so it is not clear whether the defendant can receive additional investment money from the victim and make any profit even if it is invested in the sale and purchase of shares. The defendant did not have any intention or ability to pay the principal and profit to the victim properly due to the lack of any particular property or income at the time.
As above, the Defendant, by deceiving the victim, received KRW 475,00,000 from the victim from December 9, 2016 to March 26, 2019, 477 times in total, as shown in attached Table 1, from around December 9, 2016 to from March 26, 2019, acquired property benefits by transferring the amount of KRW 475,00,000 to the G bank account
2. On January 22, 2019, the criminal defendant against the victim C made a false statement to the effect that “If the defendant lends money to the victim C because he/she has paid a large amount of profit, he/she will pay the fourth installment interest every month.”
However, at the time of fact, the defendant used money received from many other investors as a share investment bond for living expenses, etc. or invested in the sale and purchase of shares, etc., but actually did not gain any profit, and thus, paid the money in the name of the profit for each month to the above investors as stated in paragraph (1).