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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
On April 15, 2010, the Defendant was sentenced to a suspended sentence of one-year imprisonment for fraud at the Daejeon District Court on April 15, 2010, and the judgment became final and conclusive on April 23, 2010.
[2010 Highest 3757] Defendant 2007
7. On 30. 30. 30. 30. Dang-gu, Daejeon U.S. Carryover 302, “When investing money with a certain term of contract, it shall operate a stock investment and pay 2.5% of the investment money as dividend on a certain day of each month, and after the expiration of the contract term.” However, even if the Defendant received the said money due to the situation where it is difficult for investors to pay the principal or dividend due to the failure to make a profit from stock investment, the Defendant did not have any intent or ability to pay the dividend to the victim as dividend, etc. as a plan to pay
As such, the Defendant, by deceiving the victim, received 6 million won from the victim as a share investment deposit, and received 258,450,000 won in total on June 5, 2008, as shown in attached Table 1, including the transfer of 6 million won from the victim as a share investment deposit.
[2011 Highest 1334]
1. From around July 2004, when the Defendant received investments from the victim E to make investments in the shares and paid profits to the victim, the Defendant was unable to preserve the principal of the investment and the profits that the victim promised to make by investing in the shares, resulting in the suspension of investment in the shares, as long as it was difficult to preserve the principal of the investment and the profits.
Even if the Defendant received money from the victim as a means of investment in stocks, even if he received the money for the purpose of investment in stocks, he shall invest the money in stocks with a plan to pay the money to investors including the victim with profits, etc. from the existing investment funds, and even if he did not have any intent or ability to return the investment principal and profits, he shall invest the money in stocks when he receives the investment money from the victim at a place unknown on August 30, 207