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A defendant shall be punished by imprisonment for three years.
The defendant will pay 465,620,000 won to the applicant B of the compensation.
Reasons
Punishment of the crime
"2018 Highest 2701"
1. On March 2016, 2016, the Defendant: (a) called the victim in the French land located in Gwangju metropolitan area; and (b) obtained profits from the Defendant’s phone calls to the victim on several occasions to make an institutional investment in the company called “A”.
There is a new investment issue at this time, and if the investment is made in this C, he/she is not able to fully return the principal and the profits within two months, and he/she is not able to return the principal within two months.
3.80,000 won stated that if three old accounts are invested, 70,000 won may be received within two months.
However, there was no fact that the Defendant’s external appearance had made an institutional investment in the Company C, and at the time, the Defendant had received the money by deceiving other persons to the effect that he may purchase household appliances or famous items half at the price. In order to manage this, it was necessary to use the money in the name of actual purchase in the arm’s length price and return the money received, and thus, there was no intention to make an investment in the said Company even if he received the money from the injured party under the pretext of the institutional investment, etc. of the Company C.
Around March 8, 2016, the Defendant: (a) by deceiving the victim as above; (b) received KRW 3,800,000 from the victim under the name of the Defendant for a bank account (E) under the name of the Defendant; and (c) from this point to May 14, 2018, by deceiving the victim over 33 times in total, such as the list of crimes in attached Table (1), and received a remittance of KRW 465,620,00 from the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. A victim F: (a) around March 28, 2018, the Defendant called the victim in the French land located in Gwangju metropolitan area and called “the friend is an executive or employee of G and 1.370,000 won fake via friend.
G drieder said that it would purchase KRW 770,00,000, which is the half value.