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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On February 22, 2018, the Defendant was sentenced to three years in Seoul High Court to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the said judgment became final and conclusive on April 26, 2018.
【Criminal Facts】
From November 2014, the Defendant, while serving as a business assistant in B, had no income even after retired from office, and had no means of repaying debts, making it economically difficult to do so. As such, the Defendant, by deceiving other people, as if the Defendant continued to work in B while making an investment and made a profit, received money in the name of the Defendant to use it for the repayment of loans, living expenses, etc.
Accordingly, the Defendant, around January 2016, posted a notice stating that “A person who is able to make an investment because he/she has an opportunity to make an investment to guarantee a high amount of profit” on the Internet CKafbook. Around January 22, 2016, the Defendant sent an investment bond to the victim E who reported the fact to this effect “A is an employee who works in B. B. The Defendant sent a large amount of investment bond to the German head office at the Korean branch. The Defendant sent an opportunity to make an investment to the employees of the Korean branch in order to cover the investment fund. However, all employees are not able to make an investment, but have an opportunity to make an investment. If the Defendant wishes to make an investment, he/she would not have an opportunity to obtain an opportunity to make an investment. As such, he/she borrowed money from the company, he/she would have received incentives for investment from the company on June 10 or 11, 2016, and would have received an investment incentive from the victim and would have received an opportunity to repay the funds.”