A defendant shall be punished by imprisonment for not less than three years and six months.

The accused is the applicant for compensation of KRW 2,800,000, and the applicant for compensation.

Punishment of the crime

[2011 Highest 5388] Around July 2010, the Defendant registered Blogs with the name “J” at the Internet portal site Nlogs, and was engaged in the business of purchasing overseas master goods by receiving orders from users. From February 2010, the Defendant already agreed to receive 3-5% profits from investors, such as K, L, M, and N, and invested approximately KRW 615 million in total, but the sales of the “J” were extremely low, and thus, the Defendant failed to pay its profits to them. As the Defendant was urged to pay its profits and pay its principal, the Defendant was willing to provide funds to the victims by making a false statement.

1. Fraud against victim I;

A. On November 15, 2010, the Defendant sent a phone call to the victim I who became aware of through H, a branch of the Seocho-gu Seoul Seocho-gu J office, and then received an investment of KRW 100 million in addition, and extended the size of the Internet master goods purchase agent business. The Defendant made a false statement that he/she would make an investment of KRW 20 million every month if he/she makes an investment of KRW 20 million.

However, the Defendant did not have any intent or ability to pay the proceeds of the investment promised to the victim because the Defendant had thought to pay the proceeds and principal to other investors even if he received investments from the victim.

On November 19, 2010, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the national bank account under the name of the Defendant under the pretext of investment.

B. On November 30, 2010, the Defendant, at the above J office, told the victim to pay the price for the goods after three days if the Defendant borrowed the money to the victim because the money was short of funds.

However, even if the Defendant borrowed money from the victim as above, the Defendant gains and gains from other investors.