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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 5, 2013, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspension of execution due to the preparation of qualification-based personal documents, etc. on October 31, 2013, and the said judgment became final and conclusive on January 17, 2014, which was sentenced to 2 years of imprisonment with prison labor at the Seoul Northern District Court for fraud, etc. on May 16, 2014, and on November 27, 2014, the said judgment became final and conclusive on April 10, 2015, after being sentenced to 1 year and 2 months of imprisonment with prison labor at the Seoul Northern District Court for fraud.
1. On April 201, the Defendant committed the crime against the victim B: “D” rice retail store operated by the Defendant at Yangju-si, saying, “The Defendant may purchase rice every day to a large customer and supply it to the large customer and make profits every 1,400,000 won each day by raising stable profits, thereby paying half of the profits and return the investment principal thereafter.”
However, the Defendant did not have the ability to purchase rice in a stable way and make a stable profit, and the Defendant did not have the ability to repay the principal and interest of senior investors with the investment deposit of junior investors. Accordingly, the Defendant did not have the intent or ability to raise a stable profit, such as the promise, and to return the principal.
Nevertheless, the Defendant received a total of KRW 60,9140,000 from the victim on April 18, 201, and acquired the money from the victim around April 18, 201, as well as acquired the money from the victim on a total of KRW 15,00,00,000 from the victim on the following crime list 1.
From April 18, 201 to June 14, 2011, KRW 46,216,735 was recovered as interest.
The term "6,00,000 won" as of April 20, 201, "6,000 won" as of April 22, 2011, the term "5,000,000 won in the name of investment money of KRW 15,00,000 on April 18, 201 without a stable profit or intent to guarantee the principal of the crime committed by the victim as of the date of the crime No. 1 in the table of crime; and the term "5,00,000 won" as "5,2,00,000 won" as of April 22, 2011.