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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
1. Around January 8, 2009, the Defendant against the victim E told the victim E to return the amount of monthly investment from 6% to 10% if the Defendant invested in the food materials business to be supplied to the restaurant.”
However, even if the Defendant received the above investment money, the Defendant did not have the intent or ability to return the principal by paying the proceeds after investing in food materials business.
As such, the Defendant, as shown in the attached list 1 from January 8, 2009 to February 25, 201, by deceiving the victim and receiving KRW 12,00,000 from the victim as the above-mentioned investment money on the same day as the above-mentioned investment money, and obtained a total of 296,545,40 won from the victim over 18 times in total under the name of the fund for food materials business investment, etc. as shown in the attached list 1.
2. Around March 29, 2010, the criminal defendant against the victim G expressed that “The victim G may obtain a large amount of profit from the purchase of pre-paid seals from the pre-nam Bolle and sell them to wholesalers in the two re-markets. In so doing, the defendant would pay 10% of the investment amount and guarantee the principal by paying it.”
However, the defendant did not have the intent or ability to return the principal by paying the proceeds after investing in the preferred business even if he received the investment money as above.
As such, the Defendant, as shown in the attached Table 2 from March 29, 2010 to December 10, 2010, by deceiving the victim and receiving KRW 5,00,000 from the victim as the above-mentioned investment money on the same day as the above-mentioned investment money, and obtained the victim’s total sum of KRW 127,80,000 from March 29, 201 to December 10, 201.
3. The Defendant’s fraud against the Victim H, Victim I, Victim J, Victim K, and Victim L is a victim H, who was introduced through N at the Defendant’s office located in Songpa-gu Seoul Metropolitan Government M on June 10, 2010.