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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. The facts of fraud are: (a) the Defendant did not intend to arrange for any international misunderstanding transaction in the company of Hongpe, Inc. (C); (b) the Defendant’s management’s “(State) EE” did not have been delegated by the said “C” to attract domestic investors; and (c) therefore, even if the Defendant received money and valuables from the victim F for the said international misunderstanding transaction brokerage, it was not possible to invest the said money in the “C”; and (d) as a result, the Defendant did not have any intent or ability to pay profits from the investment to the victim.
Nevertheless, on August 29, 2008, the defendant, with the delegation of "C" from our company, raises investors in connection with international trade brokerage, and if he invests money, he will pay a total of one billion won per ton per ton of the transaction volume.
“A false statement,” and that part of this case shall be obtained from the injured party (State) the remittance of KRW 50 million to the corporate bank account (Account Number G) in the name of E, and shall be obtained.
2. The Defendant, as stated in the preceding paragraph, by deceiving the victim as well as by receiving KRW 50 million from the victim and using it for personal purposes as the Defendant’s personal purpose, drafted the “Financial Investment Contract” as of August 29, 2008 and the “Revised Investment Contract” as of September 1, 2008. According to the above “Financial Investment Contract”, the Defendant was obligated to pay investment proceeds as a guarantor to the victim’s investment funds. According to the “Revised Investment Contract”, the Defendant was obligated to deposit and keep the investment proceeds as a guarantor to the damaged person’s investment funds and to pay the victim’s investment proceeds.
The Defendant, around November 2012, filed a complaint against the above fraud by the injured party, and the Defendant himself against the victim’s investment funds.