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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal records] On November 26, 2014, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the District Court of Jung-gu, which became final and conclusive on July 23, 2015.
[Criminal facts]
1. On September 14, 201, the Defendant would pay the principal and 10% interest to the victim within three months from the F dental clinic operated by the victim E in Nam-gu Incheon Metropolitan City by investing the victim’s money with a personal investment place.
“A false statement” was made.
However, the Defendant, while working for a real estate-invested asset management company, failed to sell the real estate and requested the return of the investment money to be returned by the existing investors, was subject to so-called “to prevent the return,” which would have been repaid to the existing investors with the investment money collected from new investors or another loan. In the process of making the aforementioned “to prevent the return,” the Defendant did not have any intent or ability to repay the money even if he/she borrowed the money with approximately KRW 80 million debt, such as the borrowed money and interest.
The defendant deceivings the victim as above and received delivery of KRW 30 million on the same day from the victim.
2. On November 2, 2012, the Defendant would pay the victim interest at 15% interest rate until February 3, 2013, if the Defendant invested KRW 30 million to the victim at the above place.
When lending money at this time, the previous 30 million won will be fully paid.
“Falsely speaking to the effect that it is “......”
However, the Defendant, while working in a real estate-invested asset management company, failed to sell the real estate and requested the return of the investment money to the existing investors, was subject to so-called “return prohibition” that would have been repaid the investment money to the existing investors with the investment money collected from new investors or another loan, and even if the Defendant borrowed money with a debt equivalent to approximately KRW 800 million, such as borrowed money and interest, etc., during the process of making the said “return prohibition,” it can be repaid.