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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal record] On July 6, 2017, the Defendant appealed from the Busan District Court for a violation of the Act on the Regulation of Fraud and Similar Receiving Act, and is still pending in the appellate trial.
[Criminal facts]
1. Fraud;
A. The Defendant, on May 2015, ordered the Victim Q Q to live in the victim Q Q in the D office located in Busan Metropolitan Government C building 702, Busan Metropolitan Government, on the following grounds: (a) on May 2015, the Defendant would have Q Q live in the Republic of Korea.
D If the membership fee is KRW 5 million, and the amount of KRW 5 million is invested in F in the process of the gold gathering project in the Chungcheongbuk-do, the principal may be paid 20% monthly after six months, and the dividend of KRW 20% may be paid each month.
I believe that I hold the F's shares. I believe that I will make an investment in money.
The phrase “ makes a false statement.”
However, even if the Defendant received money from the injured party, the Defendant did not have any intent or ability to pay the money in full or pay the dividend normally for six months or more, and the money paid from the injured party should be paid as principal and interest for the person who first invested. Therefore, the Defendant could not pay the investment money to F (State).
The Defendant: (a) by deceiving the victim as above; (b) received KRW 5 million from the victim on May 18, 2015; (c) KRW 20 million on June 4, 2015; (d) KRW 3 million on June 11, 2015; and (e) deposited KRW 5 million on June 18, 2015, into the account of the first representative director of the FF director, and acquired KRW 15.2 million on June 15, 2015 by receiving KRW 15.2 million in total from the agricultural bank account (G) in the name of the Defendant’s name; and (c) acquired KRW 48.2 million on June 15, 2015.
2) On October 2, 2015, the Defendant, at the above D office, made a false statement to the victim Q Q, stating that “The Defendant is required to pay money to the victim Q in order to receive a restaurant and convenience store in the hospital for senior citizens in the hospital for senior citizens in the hospital, and if he/she borrowed money, he/she shall pay it in one month.”
However, even if the Defendant borrowed money from the injured party, it is within the time limit to pay the principal and interest to other investors.