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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On March 18, 2014, at the “F office” office of the Defendant’s operation in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, the Defendant against the victim D is entitled to receive subsidies from the Government, even if all companies run a fish farm business in the coastal area.
If investments are made, profits will be refunded by generating profits through aquaculture.
“ ........”
However, at the time, the defendant did not engage in the aquaculture business in the coastal area, and even if he received money from the injured party for the purpose of investment, he did not think that he would use it as profits from other investors, and did not intend or have ability to return the profits through the aquaculture.
Nevertheless, the Defendant was issued 5 million won in the name of investment from the injured party on the same day, and 3 million won in the same name as the 19th day of the same month, respectively.
2. Fraud against victim G;
A. On July 2014, the Defendant, in the office of “A” located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City H, operated the “I” fish board to the victim G, “I” in Gangnam-siJ, and, upon making an investment, can be seen as making a significant profit by directly transferring the goods acquired by auction to the Suhyup side.
If an investment of KRW 10 million is made, 200,000,000 in one share may be refunded to 12,000 won in total for 6 weeks.
However, as stated in paragraph (1) of the above facts charged at the time, the Defendant was urged to pay the proceeds of the investment funds collected at the time of F operation, and was not in the situation where profits were generated from the auction of the goods acquired through his own living together. Therefore, even if the Defendant received the funds from the damaged person under the pretext of investment, he did not have the intent or ability to pay the proceeds properly.
Nevertheless, the defendant is the above.