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A defendant shall be punished by imprisonment for six years.
Reasons
Punishment of the crime
From August 201, the Defendant recruited its members through Internet NAV carpet “D” (hereinafter “the above car page”) from around August 201, and expressed strong skills related to real estate auction procedure and auction investment for its members at the Defendant’s office located in Seocho-gu Seoul Metropolitan Government E and the third floor from February 2014.
While the Defendant was personally taking a share investment in the name of Defendant and Defendant F, the Defendant received 100 to 200 million won from the members of the said carpet group as a joint investment and distributed profits earned from the purchase and sale of real estate at the price of the real estate to the members, and acquired the trust of the members by taking an instruction as to the auction method, etc., and received the joint investment amount equivalent to 5 to 10 times the existing investment amount from members to 10 times the annual tuition fee from the members of the said carpet group to use it for the stock investment, etc.
1. The Defendant: (a) received money from the victims in the name of joint investment, and was thought to be used individually for stock investment, etc.; (b) however, around April 23, 2014, at the above Defendant’s office, the Defendant distributed interim proceeds whenever profits accrue from joint investment with KRW 10 million in real estate auction; and (c) returned all the investment proceeds around October 2017 after three years.
The phrase “ makes a false statement.”
The Defendant received KRW 10 million from the injured party to the NongHyup Bank account (H) under the name of the Defendant, and received KRW 900 million in total from the victims to August 11, 2015, as shown in the attached crime sight table (1) from the victims, such as the victims’ above account in the name of the Defendant and the NongHyup Bank account (I).
2. The Defendant, as above, has received tuition fees from the victims and used them for shares investment, etc. individually, and intent to give the victim an auction investment bond for 12 months.