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A defendant shall be punished by imprisonment for two years.
All applications for compensation order filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The Defendant, from March 2016, 2016, told the victim G to the effect that “Around July 2016, 2016, the Defendant 2020 large-scale 589, the Defendant 200 large-scale 200 large-scale 589, by posting a cell phone to the victim’s office located at the Si of Mapopopopo-si, and attracting investors only when there is money on the passbook in order to make one and the same person with a money partner. There is no balance in the passbook. As there is no balance in the passbook, the Defendant made a balance only once a month, and would pay the long-term amount after the month.”
However, in fact, the Defendant did not have any special property, and the outstanding amount was 114,656,00 won at the time in relation to the victim, and the business that the Defendant was running at the time was supplied to the customer at a price lower than the price of the supplied language, and there was no time to provide funds. Therefore, it was thought that the Defendant would have used the stolen language received from the victim as living expenses, personal debt repayment, payment of other transaction terms, etc., and even if he received the stolen language from the victim, the Defendant did not have any intent or ability to pay the stolen language amount to the victim.
On July 12, 2016, the Defendant obtained a total of KRW 262,075,00 on 39 occasions, as shown in the attached Table 1, from around March 17, 2017, the Defendant acquired a total of KRW 262,075,00,00 from the victim, from the time to March 17, 2017.
Around August 24, 2017, the Defendant made a false statement to the victim E that “If there is a large number of customers of fish distribution, and there is a shortage of money, it would give 10% profits each month to them.”
However, the Defendant, upon receiving investment money from the victim, may make profits or repay debts to other investors or creditors as so-called “competing”.