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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On August 16, 2012, the defendant was sentenced to imprisonment with prison labor for ten months or two years of suspended execution for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on August 16, 201, and the judgment becomes final and conclusive and is still under suspended execution.
1. On September 25, 201, the Defendant received 3 million won check from the victim, 7 million won in the Defendant’s City Bank account (C) account on the 26th day of the same month, and KRW 10 million in the same account on July 7, 2010, and KRW 10 million in the same account on July 4, 2012, respectively, from each of the victims B, who were in a relationship with the Plaintiff at the time, that “if an insurance solicitor working in the Gansan Lifelong Office has paid a premium on behalf of the customers, he/she would be able to make an investment if he/she has lent a premium to the insurance solicitor, and if he/she has borrowed money, he/she would be able to pay interest on 3.5% per month.”
However, in fact, the Defendant borrowed money from the victim and was thought to use it for living expenses, personal stocks or futures investment, and there was no way to compensate for the failure of the investment. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay it.
As above, the Defendant made a false statement to the victim, and acquired 30 million won from the victim.
2. The Defendant attempted to commit fraud: (a) invested in the shares and futures of money borrowed from the victim as above; (b) investment failed to pay money; and (c) in Busan, Busan, the Busan, the Busan, Busan, Dongdong-dong Office, Busan, Inc., Ltd. (hereinafter referred to as the “Defendant”) around July 10, 2012, the Defendant gave notarial deeds on the amount of KRW 30 million lent money to the victim.
Instead, 10,000,000 won is additionally invested from insurance solicitors, and later 10,000 won is added.