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Defendant
A Imprisonment with prison labor of 2 years and 6 months and fines of 2,00,000 won, and Defendant B shall be punished by imprisonment with prison labor of 1 year.
Defendant
A above.
Reasons
Punishment of the crime
"2012 Highest 2423"
1. Defendant A
A. On April 26, 2011, the Defendant stated that “A victim H is a person who operates I while taking gift options,” and that “A person who lends money to J because he/she is a member of the J University and has good know-how of investment, he/she will bring 30% of the monthly profit.”
However, in fact, the Defendant was a person with bad credit, was responsible for a large amount of debt due to futures investment, and was deemed to have suffered loss due to futures investment, so even if he was paid money from the victim, he did not have the intent or ability to pay 30% a monthly profit to the victim.
As such, the Defendant, by deceiving the victim, was transferred from the victim to the passbook in the name of K around April 26, 201, KRW 10 million, and KRW 8 million around May 4, 201, respectively.
B. Around June 9, 2011, the Defendant told the victim L at the place indicated in paragraph (1) to the effect that “I would pay every day interest when I make an investment in futures option, and there is a lot of profits.”
However, in fact, the Defendant was a bad credit holder, was responsible for a large amount of debt due to futures investment, and was considered to have been damaged by futures investment, so even if he was paid money from the victim, he did not have the intent or ability to pay money to the victim.
The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim on June 9, 201, and KRW 29 million on June 12, 201 from the victim, respectively, to the passbook in the name of K.
C. On June 13, 2011, the Defendant told the victim M to the effect that “if an investment is made in the fund, the principal shall be guaranteed and returned including interest 20% after three months,” at the place specified in paragraph (1).
However, the facts are that the Defendant was a person with bad credit and was responsible for a large amount of debt due to futures investment, and thus, it is a futures investment.