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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On October 201, the Defendant served as the victim D and E, who is the husband or wife, at a place not exceeding Busan around the end of October 201, for “F, a company engaging in the trading of gold in red bean accident.”
If the Drawer Team to which the money belongs secure USD 10,000,000, it is possible for F to engage in gold accident trading with USD 20,000 for the team to support USD 20,000 to that team, and the team can engage in gold accident trading with USD 30,000 for a total of KRW 30,000,000. Since the team has a lot of information and predicts the gold price accurately, it does not see loss.
If money is invested in the above team, USD 79,000 will be paid in total by January 2, 2012.
In addition, the investment made a false statement to the effect that it receives monthly revenues.
However, in fact, there was no Defendant’s relative who served as F with F or with a help from F as above, and the Defendant did not have any intent or ability to return USD 79,000 to the victims until the end of January 2012, since the Defendant had the victims transfer money to F’s account and did not end with F and was planned to engage in the transaction of gold at the above company’s online gold trading site by using ID, etc., and the Defendant had been directly connected to the above site and was engaged in the transaction of gold in which the accident occurred. However, there was no intention or ability to return the amount of USD 79,000 to the victims until January 2012.
On November 4, 201, the Defendant had the victim E transfer USD 5,000 ($ 1,114 per US$ 1,570,000 per US$ 5,00) to the account in the name of G company. On the same day, the Defendant had the victim D transfer USD 49,000 to the said account ($ 1,114 per US$ 1,586,000).
Accordingly, the defendant received property from the victims.
Summary of Evidence
1. Each legal statement of witness D and E;
1. Statement made by the police with H;
1. A criminal investigation report (a suspect;