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Defendant shall be punished by a fine of KRW 15,000,000.
Where the above fine is not paid, 100,000 won shall be one day.
Reasons
Punishment of the crime
1. Fraud against victim D;
A. On July 2014, the Defendant was scheduled to invest the victim D in the Red Congo Fund that is equivalent to 30% annual rate of return from the F Co., Ltd. (hereinafter “F”) working as a director at the home (hereinafter “F”), and when investing KRW 10 million at the end of each month, the Defendant would pay the amount of KRW 100,000 as a profit at the end of each month and repay the principal two years later.
“.........”
However, if the Defendant, not an employee of F but an employee of F, has induced the investment of foreign capital in the above company, he was merely a person who was paid a fee for the performance of the investment attraction, and there was no case of actual success in the investment attraction, and the investment of the Red bean Fund was not run properly. Therefore, even if the Defendant received the investment from the victim, he did not have the intent or ability to pay the profit to the victim and return the principal.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 6 million from the victim for the purpose of investment, on July 9, 2014, and received KRW 1 million from the 17th day of the same month, and received KRW 10 million in cash from the 21st day of the same month, and defrauded KRW 10 million in total by receiving remittance of KRW 3 million around the 21st day of the same month.
B. On May 17, 2015, the Defendant called the above victim’s phone and called “the above victim’s sojourn in Indonesia is going to be more than the expected, but this time is expected to receive the fee, and the foreign capital attraction is expected to pay the fee, so it is possible to fully pay the loan of accommodation, which is the difference in the loan of accommodation.”
However, since the overseas capital attraction promoted by the defendant did not run properly, it was difficult for the defendant to pay the fee as soon as he did not have any other property, and the defendant was unable to raise the money to repay the money borrowed from the victim, including the money borrowed from the victim.