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A defendant shall be punished by imprisonment for not less than eight months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
"2013 Highest 1553"
1. On February 22, 2013, the Defendant stated that “The Defendant would return the principal and proceeds to the Defendant on May 22, 2013, 2013, when he/she invests in the money that he/she has to sell 10% of the auction deposit after having sold 10% of the apartment bonds of 511/400 and 404-type 35-type 104, in the Pakistan-gu Office located in Suwon-si, Suwon-si, Suwon-si.”
However, the Defendant, in his own name, did not have been awarded a successful bid for apartment as above, was liable for a debt of approximately KRW 20 million to financial institutions at the time, and did not have been regularly monthly income, so even if the Defendant received an investment from the victim as a balance of auction, he did not have any intent or ability to pay the principal and profit.
Nevertheless, on the following day, the defendant received 19 million won from the victim to the single bank account (Account Number: D) in the name of the defendant.
2. On April 5, 2013, the Defendant was guilty on the same year.
4. 5. The Plaintiff stated that “If the Plaintiff has a place of investment, and the money falls short of KRW 7 million, the Plaintiff would pay KRW 7 million, including the principal amount and KRW 1 million, on April 2, 2013.”
However, as above, the Defendant did not have good economic circumstances and had already been given the same year.
2. 22. The 19.0 million won remitted from the victim was disbursed as living expenses, etc., and even if the victim receives money under the pretext of investment, he/she did not have the intent to pay the principal and the profits.
Nevertheless, the defendant was delivered 7 million won as a check from the victim's place.
around February 28, 2013, the Defendant, “2014 Highest 191,” purchased from the Glaundry Gundry in Seoul Jongno-gu, Jongno-gu, Seoul, for sale, a large amount of profit if he/she disposes of it in a short period.
There are three million won.