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A defendant shall be punished by imprisonment for three years.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
“F” restaurant located in Ulsan-gu, Ulsan-gu, Seoul-do, on April 15, 2013, the Defendant called “F” victim D of friendly job offering to “if he/she lends money through stock transactions, he/she shall guarantee the return of the principal and give high interest.” The Defendant received KRW 20 million from the victim via the national bank account (G) in the name of the Defendant on the same day and received from the victim from the time until December 21, 2013, and received KRW 315,823,400 in total over 46 times, such as the list of crimes (1) in attached Form 46.
However, in fact, the Defendant suffered a big loss after making a stock investment, and from around 2011, the Defendant was using the so-called “defensive” such as lending money to others under the said name as above, such as the payment of liability and interest to others, and thus, the Defendant was in a state of having no intent or ability to pay the said money even if he borrowed money.
Accordingly, the defendant deceivings the victim as above and acquired a total of 315,823,40 won.
The Defendant of “2015 Highest 1229” was a person who made a share investment by lending money from another person, but around November 201, the principal loss amount exceeds KRW 100 million, and when using money from the surrounding person for the purpose of a share investment to pay the existing debts and interest thereof, etc., so the Defendant had no intention or ability to pay such money even if he/she borrowed money from another person.
Nevertheless, on November 4, 2011, the Defendant concluded that “If he/she lends money to make a stock investment, he/she shall give 7-10% interest per month, and shall also pay the principal after a few months,” and that he/she received 18.5 million won from the victim’s bank account (G) in the name of the Defendant on the same day, and from that time he/she received from the victim, from the victim to July 12, 2013.