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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[2017 Highest 2084] On December 2, 2012, the Defendant received investment money from the victim D at the instant coffee shop located in the Gwangju Mine-gu, Gwangju, and invested in the Home shopping center (hereinafter “The Home shopping center”) and received monthly dividends from investors and divided them into investors.
It is supplied to home shopping in a lot.
If an investor related to fishery products is recruited in a lot home shopping, and if an investment is made by 30 million won in money, an amount equivalent to 1.3 million won in the investment of 30 million won, an amount equivalent to 2.3 million won in the investment of 50 million won, and an amount equivalent to 4 million won in the investment of 100 million won may be paid as monthly dividends.
If the money is urgently needed, it was said that it is possible to receive the return of investment money in the Home shopping."
However, even if the Defendant received an investment from the injured party, there was no plan to make an investment in the Home shopping, and only there was a plan to pay the dividends of the existing investors who received an investment in the said manner with the investment money received from the follow-up investors. Although the dividend to be paid to the existing investors at the time has reached an amount equivalent to KRW 30 million every month, there was no way to prepare it, and therefore there was no intention or ability to pay the dividends promised even if the Defendant received an investment from the injured party even if it did not receive the investment money from the new investors.
Nevertheless, the Defendant: (a) by deceiving the victim and deceiving the victim on December 17, 2012; (b) received 30 million won as investment money from the victim on the part of the victim on December 17, 2012; and (c) received 30 million won from five persons, such as the victim D, to January 16, 2015 in the same manner as indicated in the list of crimes, and received 659 million won as investment money.