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1. The defendant shall be punished by imprisonment for five years;
2. A. The Defendant is an applicant D. 22.5 million won and the Defendant is an applicant for compensation.
Reasons
Punishment of the crime
"2016 Highest 472"
1. On February 4, 2014, the Defendant: (a) stated that “On the part of the Defendant’s home of the Kim Jong-nam-si, Htel 307, Gtel 307, the Defendant entered the victim C (43 tax), “The Defendant imported and sold musical instruments, such as fluor, from abroad, has a lot of profits if he imports and sells them; and (b) if he/she made an investment, he/she would divide the profits into the part of the Party.”
The Defendant received KRW 12,600,000 from the victim C to the Busan Bank’s deposit account in the name of the same day, and received the total of KRW 485,00,000 from around that time to October 23, 2015, as shown in the List of Crimes (1) from around 10 to around 23, 2015.
However, at the time, the Defendant did not think that he would use the money received from the victims for the purpose of malicious income, such as fluort, and rather, was expected to use the money for other purposes, such as living expenses, and there was a difficulty in economic circumstances, such as there was no particular property or income, and there was a shortage of appropriation for living expenses. Therefore, even if the victims received an investment from the victims, the victims did not have the intent or ability to divide the profits with the amount of money invested in a normal way, except
Accordingly, the defendant, by deceiving the victims, received property from the victims.
2. Around February 20, 2014, the Defendant: (a) called, “The Defendant would pay money to the Victim C at a prompt time when he/she lends money to the Defendant’s practice room at Htel 303, Kim Jong-nam, Kim Jong-si; and (b) said, “The Defendant would lend money to the Victim C.”
The Defendant received KRW 2,500,000 from the victim C who believed this to be the deposit account of the Busan Bank in the name of the same day, and received total of KRW 27,232,000 from the time of the transfer to August 31, 2015 as shown in the List of Crimes (2).
However, at the time, the defendant is in particular.