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Defendant shall be punished by imprisonment for a period of eight months and by a fine of one hundred thousand won.
The defendant does not pay the above fine.
Reasons
Punishment of the crime
"2019 Highest 9029"
1. Fraud;
A. On June 2018, the defrauded of investment funds in gold export business, the Defendant made a false statement to the effect that “the victim B shall enter the victim B at the location of the e oriental medical hospital, etc. located in Michuhol-gu Incheon Metropolitan City, Incheon, for a gold investment business, and the proceeds from the purchase of funds from China would be at least 20% if they are sold at a high price, and if you want to obtain money at any time, they may be subtracted if you want to obtain money, and the principal will be guaranteed, and approximately KRW 30 million will be paid a profit.”
However, the defendant did not engage in a gold investment business, and even if he received money from the victim, he thought that he would use the money for the purpose of living expenses, etc., and there was no plan to use the money as a business fund, and there was no intention or ability to return the money to the victim instead of increasing the proceeds of investment.
Around July 2, 2018, the Defendant received 8 million won from the victim to the account under the name of the Defendant, as well as from around that time.
8. From 20.20 to 20.20, a total of KRW 59.1 million was remitted and acquired through fraud.
B. Around July 26, 2018, the Defendant acquired the mobile phone from a gold export business ice, by fraud, to the effect that, within the Defendant’s car located in Michuhol-gu Incheon Metropolitan City, “If the mobile phone is leased the name of the victim B to engage in the export business, it shall be used in Japan with the draft of heat, and shall return to the Republic of Korea and settle it.”
However, the defendant was planning to dispose of the fact that he did not run gold export business, and that he was in receipt of a mobile phone from the victim immediately and pay the price.
The Defendant, as seen above, obtained the victim’s deception from the victim with only one cell phone of 1,557,600 Aphone X, which was opened in the name of the victim.
C. On August 30, 2018, the Defendant shall acquire the investment funds from building investors.