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Defendant shall be punished by a fine of KRW 2,500,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
On July 9, 2012, the Defendant would make an investment to the victim in a restaurant operated by Ulsan-gu B Victim C on July 9, 2012, “I will make a profit every three months if I make an investment to the victim with a higher person and hand of another company, and to make an investment in the operational week.”
The phrase “ makes a false statement.”
However, in fact, the Defendant did not have any intent or ability to pay the principal and profits to the victim even if he received money from the injured party under the pretext of stock investment because the Defendant was liable to pay a lot of debts with failure to invest in futures options.
On July 9, 2012, the Defendant: (a) received 90,000,000 won from the victim’s bank account (Account Number:D) in the name of the Defendant on July 9, 2012 from the victim; and (b) received the total amount of KRW 178,850,000 from the above day to September 17, 2013, and acquired it by deception.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C;
1. The details of the agricultural transaction, transaction details of national banks, and transaction details of treatment securities;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment of judgment related to criminal records of a suspect) and a copy of judgment;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.