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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On September 29, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor at the Suwon District Court for fraud, etc. and was released on January 30, 2012 and the parole period expired on March 3, 2012.
The Defendant was in a relationship with C from August 2012 to May 2013, 2013, D was in a relationship with C, E is the friendship of C, and F is E.
1. On August 23, 2012, the Defendant: (a) made a false statement that “The Defendant would settle the loan” to the victim although the Defendant did not have a friendly link in the field of financial business and did not have any intent or ability to pay the equivalent amount of the investment money by investing in the fund even if the Defendant received the money from the victim; (b) the Defendant received KRW 3,600,000 from the victim, including that the Defendant received KRW 3,60,000 from the victim as the investment deposit, for five times until January 30, 2013, including that the Defendant received KRW 10,900,000 from the victim, in total, from five times as indicated in the attached crime list.
2. On September 1, 2012, the Defendant: (a) made a false statement to the victim that “I will or would not have any means to work in the field of financial business; (b) even if the Defendant did not receive money from the victim C, the Defendant would not have any means to work in the field of financial business; and (c) would not have any intent or ability to pay a profit equivalent to the amount of investment by investing in the fund; (d) would have been made on the side of the financial market; and (e) would have any means to make two times if investment in the fund is made through the friendship; and (e) received the victim’s money as investment money from the victim on September 8, 2012 for the purpose of investment.”
3. On September 2012, 2012, the victim D was at the K cafeteria operated by the mother of the victim D, the mother of the victim D located in Suwon-si, Suwon-si, Suwon-si, and the Defendant did not have a three-way relationship between the vehicle trader and the siren company, and the victim D.