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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
The defendant is a person who operates the Michuhol-gu Incheon building B or the advertising agency business in subparagraph 3, "D (E) of the company."
Around August 2018, the Defendant made a false statement to the victim F, “On behalf of the Defendant, our company is a company that purchases advertising (on behalf of the comments) and then pays reserves with advertising expenses received from another company if he/she puts comments on the comments on the product advertising of another company, and pays allowances if he/she attracts its members.”
However, there is no fact that the defendant was acting for another company's advertisement, and because the reserve fund and the member attraction allowance were paid in the way of return prevention, there was no intention or ability to pay the victim the reserve fund and the member inducement allowance normally.
Nevertheless, the Defendant, as above, deceiving the victim and transferred KRW 15,00,00 to the H account under the name of G for the purchase of cphone around August 20, 2018, and from that time until January 25, 2019, the deposit date of the instant indictment stated in the attached list of crimes and the deposit date No. 14 attached to the application for changes of indictment issued on January 13, 2020, “208-11-29” in the attached list of crimes attached to the application for changes of indictment issued on January 13, 2020, is “2018-11-30” and “2018-1-30” in the deposit date of the same list of crimes No. 15, the deposit date of the same list of crimes is corrected ex officio.
As such, 28 victims were accused of 28 victims, and received total 375,292,240 won from victims over 62 times in total.
Accordingly, the defendant was provided property by deceiving the victims.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol of suspect examination of G police officers;
1. Each police statement on I, J, K, L, M, N,O, P, Q, and R;
1. Arrangement of cases concerning L Preparation;
1. Data replies to financial institutions;
1. Each investigation report (report on the result of execution of a warrant for search, seizure, and inspection, and report on the confirmation of additional collection of E);
1. Each certificate of transfer, certificate of the details of account transfer, certificate of the results of transfer, inspection of the results of transfer, details of account transfer, and each of them;