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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) said on June 2009 that “The victim C made a gift investment in the rare metal raw materials of China, which are the hybrid in Bupyeong-gu, Bupyeong-gu, Incheon.” to the victim C at a restaurant near the Bupyeong-gu, Bupyeong-gu, Incheon.
However, the defendant thought that he will use the money invested from the victim as a cost of living, such as having repaid his card or debt, and did not have any intent or ability to invest this money in the raw materials.
Around June 9, 2009, the Defendant, by deceiving the victim, received KRW 10,00,000 from the Defendant’s National Bank Account (Account Number: D).
In addition, even if the Defendant received money from the victim from June 9, 2009 to March 8, 2012, even if he/she received money from the victim, he/she used it as personal living expenses or as the repayment of the investment principal and earnings to other investors (hereinafter referred to as "defluence"), but in the above manner, he/she acquired 2,393,257,200 won in total from the victim 35 times in total as shown in attached Table 1 in attached Table 1 in the crime list.
2. On September 2009, the Defendant made a false statement to the victim G at the “F” drinking house located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, that “The Defendant shall pay money to the victim G by investing in the rare metal raw materials of the Habrid of China at the lower rate of 10% per month.”
However, the defendant thought that he will use the money invested from the victim as a cost of living, such as having repaid his card or debt, and did not have any intent or ability to invest this money in the raw materials.
Around September 4, 2009, the Defendant, by deceiving the victim, received KRW 4,900,000 from the Defendant’s National Bank Account (Account Number: D).
The defendant.