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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Fraud;
A. On October 2012, the Defendant against the victim C and the victim D, at the “F office operated by the victims in Yeongdeungpo-gu Seoul Metropolitan Government,” the victims “an investment in the business of purchasing and recovering insolvent bonds. Domestic auction and distribution procedures are not well-founded, and there is no possibility of failure. If the two persons jointly invest KRW 50 million, the Defendant distributed the profits of at least three times (150 million) each year and the principal is guaranteed.” At that time, the Defendant sent e-mail to the same effect as the victim C’s e-mail account several times.
However, the defendant did not have the intent or ability to distribute the above profits and guarantee the principal, and it was thought that the amount of the investment funds received from the victims should be used as personal stock investment and office operating expenses.
As above, the Defendant, by deceiving the victims as above, received from the victims a remittance of KRW 50 million on November 16, 2012 as investment money from them, and acquired them.
B. Around March 2013, the Defendant against the victim C, the victim D, and the victim G expressed to the victim C, and the victim D that “I wish to obtain more investments because there is a good claim to recover money or pay money, and that I would not want to obtain more investments from any person who is not aware of the lack of the disclosure, and that I would like to make an additional investment, and that I would like to make an additional investment, and that I would like to introduce a person who is aware of the fact.” The e-mail was sent to the victim C’s e-mail account.
around March 2013, the Defendant stated in Paragraph 1 that “if the Defendant has jointly invested KRW 100 million in the business to purchase and recover insolvent bonds, it shall pay to the victims at least two times (100 million) in the first year of the investment and at least three times (150 million won) in the following year from the following year, and shall also guarantee the principal.”