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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On March 16, 2012, the Defendant against the victim B stated, “In a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.
However, in fact, the Defendant did not have a certified stock investment specialist, such as fund managers, and did not have changed experience in stock investment, and did not have the ability to pay high profits through stock investment. Even if the Defendant received money from the injured party under the pretext of investment, he did not make an investment in the fund, but did not think that it was used for the purpose of paying personal debts, living expenses, etc., and therefore, he did not have any intent or ability to pay the profits as promised
As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim, around March 16, 2012, KRW 2 million around March 23, 2012, KRW 2 million around March 31, 2012, KRW 2 million around March 31, 2012, and KRW 1.2 million around April 13, 2012 from each of the Defendant’s accounts in the name of the Nonghyup Bank (C).
2. On March 2012, the Defendant against the victim D would lend the victim the money to the F cafeteria located in the racing-si. “On the other hand, if the money is needed to enable the Plaintiff to pay off the money, he would be able to make an investment in stocks with the money if he/she lends the money. If he/she lends the money, he/she would be able to make an investment in stocks with the money. If he/she lends the money of KRW 11 million, he/she would be 20 million to KRW 30 million from the money of KRW 20 million.
“.....”
However, as above, the Defendant did not have the ability to pay high profits through investment in stocks, and was thought to use the money received from the injured party for other purposes, such as living expenses, and thus did not have the intent or ability to return the borrowed money to the injured party.
The Defendant is the victim.