A defendant shall be punished by imprisonment for three years.

Punishment of the crime

"2018 Gohap246"

1. On June 23, 2015, the Defendant: (a) called “B” phone calls from a victim B, who was aware of his or her reputation at an irregular place; and (b) “B is investing in B’s real estate, corporate bonds, etc.; and (c) there is any surplus funds, if there is any surplus funds, in which high profits of 3 to 5% per month are paid.”

However, in fact, the Defendant did not intend to lend the money received from the victim to the non-registered bond company and did not intend to invest in real estate or corporate bonds, and paid the proceeds to the investors in an abnormal manner by appropriating the proceeds of the investors in advance and the return of the invested principal, so there was no intention or ability to return the money received from the victim.

Nevertheless, on June 23, 2015, the Defendant, by deceiving the victim as above, received KRW 3,000,000 from the victim’s account (D) in the name of the Defendant, and acquired KRW 533,370,000 from around that time to October 18, 2016.

2. On January 25, 2012, the Defendant: (a) called “B” phone called to the victim E, who was aware of the fact at an influence place; and (b) “B, if there are surplus funds in the test, in which “B is investing in the real estate, corporate bonds, etc., and there is a high profit of 3 to 5% per month.”

However, in fact, the Defendant did not intend to lend the money received from the victim to the non-registered bond company and did not think that the Defendant would have invested in real estate or corporate bonds. Since the Defendant later paid the proceeds to the investors in an abnormal manner by appropriating the proceeds of the investors and the return of the invested principal, there was no intention or ability to return the money received from the victim.

Nevertheless, it is not appropriate.