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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
around July 26, 2014, the Defendant made a false statement to the victim that “The head of the investment support team of the investment company (State) E that makes domestic investments in unlisted stocks and makes profits short of time.” The Defendant purchased listed stocks held by (State) E with the investment deposit, and made a false statement to the victim that “it will guarantee the investment principal and 10% of the investment principal and 10% of the profits within six months with the short profit margin within the short period of one month.”
However, in the absence of any particular property or income, the Defendant thought that most of the investment funds received from the victim will be used as gambling expenses, living expenses, etc., and there was no idea to use them for the original investment purpose, and there was no intention or ability to pay the principal of the investment and the profits to the victim
As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Defendant’s new bank account (F) on the same day. From June 20, 2014 to September 25, 2014, the Defendant received delivery of KRW 80 million in total from four victims by the aforementioned method as indicated in the annexed crime list.
Around March 11, 2014, the Defendant proposed an investment to the victim G who was introduced through a Kaf, the name of which is located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, to the effect that “B is a person working as the head of the investment support team of the investment company that is called E, and if investing money, E will manage the investment fund for purchase of non-listed stocks and venture business shares, thereby adding 10-20% to the principal for nine months as well as the principal.”
However, even if the defendant receives investment funds from the victim, he thought that all of them will be used for online gambling funds, living expenses, etc., and he will again invest them in unlisted stocks, etc. and make profits.