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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around April 2015, the Defendant proposed to the effect that “A victim B, who was aware of in the process of conducting a mobile game, is granted 5-10% interest under the pretext of lending money to waiters in Gangnam-gu and receiving 5-10% interest, and an investment would give 8% monthly profits if it is made.”
However, in fact, the Defendant was merely holding bonds with an amount equivalent to KRW 20 million with no specific property. Since 2003, even if the Defendant received money from the victim as investment money due to bad credit standing from around 2003, it was impossible to pay 8% per month through bonds. The money received from the victim was considered to be used for the Defendant’s entertainment expenses and cost of living.
Nevertheless, the Defendant, as seen above, received a remittance of KRW 4,00,000 from the victim as investment money on April 20, 2015 as well as a total of KRW 46,030,000 from the above date and time to September 12, 2015, as indicated in attached Table 1 to 13, as shown in attached Table 1 to 2015.
2. Around September 23, 2015, the Defendant: (a) proposed to make an investment with the victim to the effect that “I would create a fund and make an investment to those who need money to open the house; (b) I would like to make an investment with a maximum of 50% of the investment principal and to guarantee the principal after six months of the investment risk.”
However, the fact did not have prepared an investment plan by creating an open fund, and the money received from the victim was thought to be used as the defendant's entertainment expenses and living expenses.
Nevertheless, the Defendant, as seen above, received KRW 5,00,000 from the victim as an investment deposit on May 23, 2015 as well as transferred KRW 5,00,000 from the victim from the above date and time to November 13, 2015, respectively.