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A defendant shall be punished by imprisonment for not less than nine months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendant is a person who worked for a cooperative for agriculture in Gyeyang-si from around December 12, 199 to February 17, 2016.
1. Fraud against victim D;
A. On August 2014, 2014, the Defendant may make profits from the Defendant’s investment in the fund, etc. at the Nong-dong point of Yangsan-si, the Defendant: (a) the Defendant: (b) the Defendant: (c) the Defendant: (d) the Mag-gu entered Samsung Securities; and (d) the Defendant
If an investment is made in money, a false statement stating that an amount of KRW 80,000,000 per year shall be paid to the injured party for each investment year. It received a remittance from the injured party for a total of KRW 10,000,000,000 from August 26, 2014 and KRW 10,000,000,000 from August 29, 2014.
B. On August 2015, the Defendant, as above, made a false statement to the victim, and was transferred to the victim as an investment deposit amounting to KRW 16 million, totaling KRW 10 million on August 19, 2015, and KRW 6 million on September 30, 2015.
However, in fact, even if the defendant receives money under the above name, he only planned to use it to repay the defendant's obligation, and did not intend to use it as investment money.
Accordingly, the Defendant, as seen above, received property twice by deceiving the victim.
2. Fraud to victims E;
A. On September 30, 2015, the Defendant was transferred KRW 80 million on September 30, 2015, from the victim E as investment money, from the victim’s damage, at the Nonghyup Dong-dong-dong-dong-dong-dong-dong-dong-si-si-si-si-si-si-si-si-si-si-si-si-si.
B. On February 12, 2016, the Defendant called the victim at the above place, and attempted to deduct KRW 30 million from the victim’s “a person who is likely to make an investment in Samsung Securities among the Nonghyup employees.”
D. The lower court determined that the Plaintiff was able to make a false investment of KRW 30 million and that the Plaintiff was transferred KRW 30 million on February 12, 2016 from the date of damage as investment.
However, even if the defendant receives money under the above name, he only planned to use it to repay the defendant's obligation, and he is an investment.