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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 2015, the Defendant called the victim’s phone call from the Haman Felon Sheet, “I would pay 8% interest per month by investing money in the DFX president if I would make an investment in the DFX president.”
However, even if the Defendant received money from the injured party, he did not make an investment in the president of the DFX, was planned to use money to lend money to another person or to repay his obligation, etc., and there was no intention or ability to pay the principal and interest to the injured party properly.
The Defendant, by deceiving the victim, received from the victim the remittance of KRW 5 million and KRW 4.4 million to the national bank account under the name of the victim E on November 30, 2015, as well as the remittance of KRW 5 million to the national bank account under the name of the victim, from that time until April 28, 2017.
2. On April 26, 2017, the Defendant, at the coffee shop located on the first floor of H I building located in Seo-gu Daejeon, Seo-gu, Daejeon, stating that “The Defendant would give 6% interest per month to the president by leaving the FX to the president if he/she will receive the money.”
However, the defendant did not invest in the D president like the above paragraph 1, and there was no intention or ability to pay the principal and interest to the victim properly.
The Defendant, by deceiving the victim, received a total of KRW 19 million from the victim to the national bank account under the name of E, including KRW 8 million on April 26, 2017, KRW 500,000 on May 10, 2017, and KRW 6 million on July 25, 2017.
3. On August 2017, the Defendant, who committed a crime against the Victim J, called “I will pay 8% interest per month by leaving the victim to the D president when I will receive money from B.”
However, the defendant did not invest in the D president like the above paragraph 1, and the principal is the victim.