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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The injured party B was an employee at the entertainment drinking house called "D" in Gangnam-gu Seoul Metropolitan Government at the time of 2010, and the defendant was a physician who visited the above entertainment drinking house as a guest.
Around October 2010, the Defendant contacted the victim with “a sports earth and sand operation competition exists, and there is a lawsuit against B. B. A 100% profit from 3-4 times the amount of profit will accrue, and the remainder will be paid. The principal of the funds of another company run within the Republic of Korea will be guaranteed without any condition, and the amount will be refunded within one week due to mistake.” By soliciting the victim to prepare the maximum amount of surplus funds, the Defendant would have the victim prepare a total of KRW 10 million, and thereafter, the Defendant would have the victim receive KRW 30 million from the leading force of the sports earth to receive KRW 30 million, and thereafter, the Defendant would have to return money within one week by including KRW 70 million out of four money.”
However, there was no fact that the Defendant had to obtain KRW 300 million from the leading force of the sports earth, and the Defendant did not have any surplus funds in another company that the Defendant operated, and on the ground that a certain profit has not been guaranteed through sports earth distribution, the Defendant did not have the ability to guarantee the principal or return the money within one week even if the Defendant received an investment from the victim for the purchase of sports earth.
Nevertheless, the Defendant:
A. A. Around October 6, 2010, the victim received KRW 25 million from the victim to the Defendant’s E-bank account (F) in the name of purchasing sports earth around the said false end;
B. On the 8th day of the same month, in Gangnam-gu Seoul, the victim met at the same time, or caused the victim to purchase the total amount of KRW 50 million at the face value of the sports soil related to the sports on the 9th day of the same month, and then the above sports earth.