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A defendant shall be punished by imprisonment for four years.
The defendant shall be liable to the applicant C for damage KRW 95,100,000, and the applicant E.
Reasons
Punishment of the crime
【Criminal Records” On September 24, 2013, the Defendant was sentenced to one year and six months of imprisonment for embezzlement, etc. at the Busan District Court, and was released on August 14, 2014 in the Busan Detention House on the execution of the sentence, and the parole period expired on November 23, 2014.
【Criminal facts】 2017 Gohap 423】
1. On November 23, 2016, the Defendant made a false statement to the victim G at the “L Authorized Brokerage Agency” office located in the Busan East-gu Busan Metropolitan Government, stating that “Around November 23, 2016, the Defendant shall receive a small amount of investment from multiple investors and jointly purchase the right to sell in lots, and then distribute profits by leaving the selling market price profits.” However, the Defendant made an investment to guarantee 10% of the amount of investment made within one to two weeks from the date of such investment.”
However, in fact, the Defendant reported the loss of KRW 00 million due to the existing investment in the right of sale in lots at the time, and even if receiving the investment money from the damaged party, the Defendant did not have any intent or ability to guarantee the principal and profits of the investment to the injured party, as it should be paid as profits to the existing investors.
The Defendant: (a) by deceiving the victim as above; (b) received money of KRW 35 million from the new bank account (N) in the name of M on the same day as investment money from the victim; and (c) received the money of KRW 35 million from April 17, 2017 through the deposit of KRW 773 million in total on 27 occasions in the same manner as the previous crime list (1) in the same manner as the previous crime list (1).
2. On March 20, 2017, the Defendant’s fraud against the victimO calls from the victimO, and “The Defendant jointly purchased a small amount of investment from multiple investors and then distributed profits by selling the market price profits by leaving the market price profits after purchasing the P apartment. However, if the Defendant invests KRW 45 million, the principal and the profits within the draft of one week.