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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is against the victim C on February 2, 2013 and the total amount of KRW 5 billion is the amount of KRW 5 billion.
B. If investments are made to B, 3% per month shall be given and principal shall be guaranteed.
The phrase “ makes a false statement.”
However, at the time, the Defendant did not operate the fund company in Australia and reported a large amount of investment losses due to exchange losses, and even if he received money from the damaged party, such as the situation in which it is impossible to create new funds unless new funds are invested, the Defendant did not have the intent or ability to give the victim 3% profit every month and to guarantee the principal of the investment.
As of March 10, 2013, the Defendant received money from the injured party from KRW 10 million as investment money, and received money from the injured party through the same method 79 times in total, as shown in the List of Crimes, from December 31, 2014.
2. Fraud;
A. On January 16, 2014, the Defendant would pay KRW 20,000 to the victim D for the following month, as “Isman House came to go beyond auction.”
“A false representation was made.”
However, at the time, the defendant's money was not in excess of auction, and the defendant was thought to use the money to repay the amount of damage suffered by foreign exchange-related investors when he borrowed money from the victim, so there was no intention or ability to pay the money within one month even if he borrowed money from the victim.
The Defendant received money from the injured party on January 16, 201, and acquired money from the injured party on January 16, 201, and KRW 10 million on January 17, 201, respectively.
B. On January 2015, the Defendant operates a foreign exchange investment company with the victim F in Seocho-gu Seoul Metropolitan Government Etel A 2107.