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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant is a person who served as an investment solicitor in B from October 24, 2012 to March 29, 2019.
1. Around July 23, 2015, the criminal defendant against the victim C made a false statement to the effect that “A victim C has been in office in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon Metropolitan City, with B, with an earning rate exceeding bank interest, and is entitled to receive monthly dividends when there is a revenue.”
However, even if the defendant received the investment money from the victim, he was thought to use it as personal debt repayment and living expenses of the defendant, and there was no intention or ability to subscribe to the fund in the name of the victim.
Nevertheless, as seen above, the Defendant, by deceiving the victim, received from the victim a total of 1.5 million won from the victim on July 25, 2015 for investment in the fund, and acquired it by deception, as well as from the date and time to December 6, 2017, such as the attached Table No. 1 to No. 8, 2017.
2. On June 24, 2015, the criminal defendant against the victim E made a false statement to the effect that “A victim E has worked in the F apartment in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul, Seoul.” “Around June 24, 2015, the victim E can subscribe to B, with a view to having a more profit rate than bank interest, and can receive monthly dividends if there is a profit.”
However, even if the defendant received the investment money from the victim, he was thought to use it as personal debt repayment and living expenses of the defendant, and there was no intention or ability to subscribe to the fund for the victim.
Nevertheless, the Defendant, by deceiving the victim as above and by deceiving the victim from the victim as fund investment money in the name of G, the mother of the victim, from June 24, 2015, acquired money of KRW 10 million from the above date and time to March 15, 2017, as well as the Defendant acquired money by remitting KRW 10 million from June 24, 2015.