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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2013 Highest 1319] On May 2010, the Defendant made a false statement to the victim C, “In the teahouse located in Jinju-si, Jin-si, the Defendant is working as a fund manager in the future in the future, and if I lend money to B, I would like to make an investment in the future deposit and make an investment in the future deposit, thereby making a loan to 20% or more of the principal of each month. I would return the principal after six months as interest.”
However, in fact, the Defendant did not have any future fund manager at the time, and at the time, the Defendant was in the state of losses caused by stock investment and was making an investment in stocks with the loan, so it was not clear whether to pay the agreed profits to the victim. There was no other property or income, and there was no intention or ability to repay the borrowed money from the victim according to the agreement.
On May 28, 2010, the Defendant received KRW 9,990,000 from the victim to the Agricultural Cooperative account under the name of the Defendant, such as transfer of KRW 9,90,00 from around such time to September 10, 2010, total amount of KRW 112,190,000, as shown in the attached crime list, as the same name, from around such time to September 10, 201.
Accordingly, the defendant was given property by deceiving the victim.
[2014 Highest 186] Around July 29, 2010, the Defendant made a false statement to the effect that “In Korea, the Defendant is currently working as a fund manager for future deposit securities, and is well aware of the Fund. When lending money, the Defendant would make an investment in the fund of future deposit securities and pay not only the principal but also KRW 1.5 million to the interest,” which is operated by the victim E in Jinju-si.
However, the fact is that the defendant was merely a business member who recruited a person who intends to buy insurance or fund at the time, but not only did it be a fund manager in the future, but also suffered a lot of losses in the course of receiving a loan and making a stock investment.