beta
Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2014 Highest 3502] On January 1, 2012, the Defendant made a false statement to the victim at the office of the English private teaching institute operated by the victim D located in the Seocho-si, Sinsan-si, that “The Defendant would make profits by making two times a basic profit from the shares in the COS. It is possible to make profits later because it would be possible to make profits from the shares. The Defendant would make profits by disposing of it well instead of all days, and make profits from 40% of the principal.”
However, the defendant did not have the intention or ability to return 40% of the principal by using the same as stock investment even if he received the money from the victim, because he had a plan to use the money for the repayment of his personal debt from the victim.
As above, the Defendant received a false statement from the victim to the Defendant’s national bank account (E) worth KRW 50 million on January 4, 2012, KRW 20 million on or around January 5, 2012, KRW 20 million on or around February 1, 2012, and KRW 90 million on or around February 1, 2012.
[2014 Highest 4128]
1. On January 2013, 2013, the Defendant: (a) at the G control point located on the first floor of the Fran-gu, Busan; (b) the victim H, working as an insurance solicitor, made an investment in money to acquire a large amount of profit from the sale of an apartment house, which is scheduled to be sold in the Seoul Special Metropolitan City; and (c) then, (d) after selling the apartment house to be sold in the following city, the Defendant made an investment in the SDN before investing in the said new city; (b) first, before investing in the said new city, the Defendant made an investment in the stocks, 10% of the profits from the remaining profits, and (d) made an investment in the said new city as a consulting fee, and (e) made an investment in the principal after making up for the loss.
However, even if the defendant receives investment money from the victim, the defendant plans to cover the amount of 1.2 billion won with other investment losses of the defendant.