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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
around May 2018, the Defendant stated that “C is holding a large number of shares of the Company,” and that “B shall return the principal to 2.5 times the purchase and sale of shares, if it is invested to B, it shall return it to 2.5 times the principal amount.”
However, even if the defendant received money from the victim, he did not think that he would invest in the shares, and because he did not hold the shares of the above C, he did not have any intention or ability to return 2.5 times the principal amount to the victim.
Nevertheless, the defendant deceivings the victim as above, and such deceivings the victim from the victim to the Eul account (F) in the name of the father of the defendant, the father of the defendant, from May 25, 2018.
7. By up to 21.2, a sum of KRW 128,00,00,000 was received as shown in the annexed List 1, and acquired it by deception.
around October 5, 2018, the Defendant made a false statement to the victim G, stating that “A female prison is making an investment in shares through his/her father outside his/her country,” and that “A female prison, the principal of which is guaranteed if an investment is made to B, shall be paid two to three times the principal of which is the three weeks.”
However, at the time, the Defendant did not make a separate investment in shares, and had to pay money from other persons as an investment deposit with money. However, even if the Defendant received money from the victim, there was no intention or ability to return 2-3 times the principal amount to the victim within three weeks since he did not use it as a share investment, and he did not want to return 2-3 times the principal amount.
As above, the Defendant, by deceiving the victim as above, received 30 million won from the victim via the account (I) in the name of the Defendant’s senior E (I) under the name of the Defendant’s senior mother for the same day, and from this point to the 26th day of the same month, the Defendant totaled 1.4 million won in total five times, as shown in attached Table 2 of the List of Crimes.