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A defendant shall be punished by imprisonment for seven months.
Reasons
Punishment of the crime
From 2005 to 2009, the Defendant was operating the D Office in Suwon-si C Building 709, the victim E is a person who had a relationship with the Defendant at the time of 2007, and the victim F is the mother of the victim E.
1. Around April 10, 2007, the defrauded of the victims told the victim E to the effect that “When investing in a company specializing in stock investment operated within the country, the principal will be guaranteed, and 2.5% to 3.0% to 3.0% of the monthly investments will be paid as dividends.”
However, in fact, the defendant, as an individual investor at the time, only operated the said D office and did not have any professional knowledge or qualification with respect to the investment of stocks, so even if he received the investment money from the victims, he did not have the intent or ability to guarantee the principal and pay the dividend to the victims, and there was a plan to use the investment money received from the victims for living expenses, personal debt repayment, etc.
The Defendant, on April 10, 200, transferred KRW 77,000,00 from the victim E to the agricultural bank account under the name of the Defendant, and used the personal living expenses, personal debt repayment, and investment funds to other investors, thereby inducing the victims to return the principal to the victim E by such means as above. From that time to July 15, 2009, the Defendant received and acquired the property worth KRW 77,027,800 in total on 11 occasions as shown in the separate crime list (1) as shown in the attached crime list (1).
2. Around April 30, 2009, the Defendant said that “a credit card is issued to the Victim F, the Defendant borrowed KRW 2,000,000 from the cash service to the victim F, and invested this in the shares, thereby returning the principal and the profits.”
However, the Defendant had no intent to invest in the shares with respect to cash borrowed by receiving cash services as above, and had a plan to use the said cash as living expenses, personal debt repayment, etc.