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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On December 5, 2012, the Defendant was sentenced to eight months of imprisonment for fraud, and the judgment became final and conclusive on January 22, 2016.
【Criminal Facts】
The defendant is a person who operated a real estate consulting company with the trade name of Gangnam-gu Seoul Metropolitan Government D Co., Ltd.
1. On February 29, 2012, the Defendant made a false statement to the Victim F (hereinafter “FF”) via E at the above Company’s office, stating that “I would make an investment in futures, and would make a return of the principal by paying 6-8% (6-8% per month as interest, if I would make an investment in payment).”
However, even if a gift investment was made, the Defendant, as a matter of course, did not necessarily have a way to pay profits, had deceiving elderly female investors as of the date of profit, and even if there was no other property, there was no intention or ability to pay profits as promised by the victim or to return principal, even if there was no other property.
The Defendant, as such, by deceiving the victim, received KRW 32 million from the victim on February 29, 2012, KRW 6 million on or around March 7, 2012, KRW 5 million on or around March 22, 2012, KRW 5 million on or around April 9, 2012, KRW 2 million on or around May 16, 2012, KRW 2 million on or around June 30, 2012, KRW 3 million on or around July 31, 2012, KRW 10 million on or around August 15, 2012, KRW 500,000 on or around August 16, 2012, KRW 200,000 on or around May 25, 2012, KRW 500,000 on investment.
2. Around April 27, 2012, the Defendant made a false statement to the victim G (n, 69 years of age) via E at the office of the said company stating, “I will pay the victim G (n, 69 years of age) with the payment of profits. If I would like to make a payment of profits, I would pay the 6-8% of profits every month as interest, and return the principal after six months.”
However, even if a gift investment is made, the defendant has not been able to make profits, but has been able to make profits as a matter of course.