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A defendant shall be punished by imprisonment for one year.
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
1. On January 20, 2017, the Defendant would pay the principal amount equivalent to 25% of the amount invested on every Saturday and divide 50% of the profits into 50% of the profits, at the office of the Defendant, located in Songpa-gu Seoul, Seoul, and the 8th floor of business, and at the office of the Defendant, and the victim H, “it is engaged in the wholesale retail of agricultural and fishery products within the country, and in the first place during one month from February 10, 2017 to March 11, 2017.”
‘False speech' was made.
However, the defendant was trying to use money for the repayment of existing debts with the payment of money from the injured party due to the excess of debts at the time. Even if the injured party received investment money from the injured party, there was no intention or ability to pay profits or repay investment money to the injured party after purchasing agricultural and fishery products and paying profits.
As such, the Defendant: (a) by deceiving the victim; (b) obtained the money from the victim to the national bank account (Account Number: I) in the name of the Defendant on February 9, 2017; and (c) obtained the money of KRW 40 million in total from the victim on February 10, 2017 to the money of KRW 50 million on February 10, 2017 to the money of each investment.
2. On April 25, 2017, the Defendant would pay 0.5% of the daily amount invested to the VictimJ by automatically transferring and registering at the same place as before and after around April 25, 2017, except for national holidays and weekends.
The phrase “ makes a false statement.”
However, the defendant was trying to use money for the repayment of existing debts with the payment of money from the injured party due to the excess of debts at the time. Even if the injured party received investment money from the injured party, there was no intention or ability to pay profits or repay investment money to the injured party after purchasing agricultural and fishery products and paying profits.
As such, the Defendant deceivings the victim, and thereby deceivings the victim, under the name of investment, KRW 150 million from the K bank account (Account Number L) with the name of the damage.