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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On January 30, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for fraud at the Suwon District Court, and the judgment became final and conclusive on February 8, 2019.
1. Even if the defrauded received an investment from the victims, he/she did not have the intent or ability to pay the proceeds and principal properly, as well as that part of the invested money was considered to be used for a purpose other than notification to the victims, such as gambling funds and repayment of debts, etc., but he/she received a total of KRW 617,880,50 from the victims, and acquired each of them by deception.
Around May 1, 2017, the Defendant received KRW 140,780,50 in total from the victim 36 times from the victim until February 9, 2018, including that the Defendant received KRW 500,000 on the same day from the victim by false statement to the effect that “the principal shall be guaranteed if the Defendant makes an investment.” The Defendant received KRW 50,000,000 from the victim from the victim, from that time, until February 9, 2018.
B. Around November 28, 2016, the victim C promised to guarantee the principal of the investment to the victim on a false basis that “B succeeded to the property of considerable importance, and that he/she promised to guarantee his/her principal of the investment. The investment funds will be used for a street store business and paid 50% of the profits.” It received KRW 3,00,000 on the same day from the victim from July 9, 2017, including that he/she received KRW 3,325,000 from the victim, from that time, until July 9, 2017.
C. On April 7, 2017, the victim D Defendant promised to guarantee the principal of the investment to the victim “B succeeded to property, which he/she promised to guarantee his/her principal of the investment. The investment funds will be used for a street store business and paid 50% of the profits.” This is included that the victim received KRW 4,00,000 from the victim on the same day, from that time until June 20, 2017.