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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
[2013 Height945]
1. Fraud;
A. A. Around March 24, 2011, the defrauded of the Victim C said that, at the “E” office for the Defendant’s operation of Eunpyeong-gu Seoul Metropolitan Government D and 402, the Defendant reported and contacted the Defendant’s advertisement of investment in futures options posted in the rice Luxembourg market, the victim C said that “When investing KRW 7 million in futures option, the amount of profit shall be calculated on the basis of the date on which 50,000 won per day is opened, the contract period shall progress for three months, and if the promised profit is not paid, the principal shall be paid within 15 days.”
However, even if the Defendant received money from the victim, it was thought that it would be used as a means to prevent the use of money from return to F, G, H, etc., other investors, not to make an investment in futures option. Even if the Defendant received an investment from the victim, it was not possible to guarantee high profit as agreed upon. The Defendant was in a bad credit and bad credit position since it was unable to repay its financial obligation from 2003, and there was no particular property such as the Defendant’s employees’ failure to pay wages at the time, and there was no intention or ability to return the principal to the victim.
As such, the Defendant, by deceiving the victim, received KRW 7 million from the victim through a new bank account (Account Number J) in the former part of the Defendant’s I on the same day.
B. Around June 2010, the Defendant related to the fraud (1) with the victim F’s own game machine investment is a joint businessman with the victim F, who reported and contacted an advertisement that “one million won per month when investing one million won in a rice market” posted by the Defendant in Seongdong-gu Seoul, and operated 100 game machine for the game machine.
It is intended to sell the key machine in lots to make profits.
In addition, in order to establish a game machine operating company, profits will be made if investment is made.