A defendant shall be punished by imprisonment for four years.

The defendant shall pay 400,000,000 won to the applicant for a compensation order.

Punishment of the crime

On September 21, 2012, the defendant was sentenced to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and imprisonment for fraud in the Suwon District Court's Ansan Branch on September 21, 2012, and the above judgment became final and conclusive on February 1, 20

[2013 Highest 5051]

1. On May 2010, the Defendant stated that “E Frequency” operated by the Defendant in Ansan-si, Masan-si, the Victim F, “I have been engaged in fisheries for a long time in Ansan-si, and if I have made an investment with active fish purchase funds, I will make a profit by 20-30% per month. The investment principal will be returned at any time within a week when I want to return the investment principal.”

However, in fact, the Defendant did not have any intent or ability to return the investment money even if he received the investment money from the victim because the Defendant had a debt to the active fish-sellers amounting to approximately KRW 4-50 million, and the Defendant did not own the property under the name of the Defendant, and the Defendant did not have any profits from the frequency of the Defendant’s management, and was making so-called “the return of the investment return” by paying the investment return from other investors.

As above, the Defendant, by deceiving the victim, received KRW 6,00,000 from the victim to the Suhyup account in the name of the Defendant on May 28, 2010, and received KRW 6,000 from around that time to December 22, 2010, totaling KRW 176,30,000 through 24 times, as stated in the [Attachment Table Nos. 1 to 24] of the crime list, by the same method.

2. Around the end of December 2010, the Defendant stated to the victim F that “The Defendant would operate a fishing place in Ansan-si Group G, Ansan-si. The amount of KRW 150 million is required to lease a fishing place, and this money is sufficiently returned as it does not lose the deposit, and if the deposit is lent, it is possible to operate a fishing place.”

However, in fact, the defendant had a debt to the active sales companies at the time, and the situation where the operation of the fishing place is not possible.