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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around October 2010, the Defendant received or borrowed money from the victims, however, intended to use the money for export and import customs clearance agency business and shopping mall operation funds operated by the Defendant at the time, or used it to repay the borrowed money which was already borne by the Defendant, and did not hold the US$ account and did not intend to make an investment, or did not have the intent or ability to pay the borrowed money, the Defendant committed frauds worth KRW 278,496,000 as follows against seven victims:
1. On September 2010, the criminal defendant against the victim B made a false call to the victim B at an unsound place and made profits from the opening of the account at the interest rate high. If there is surplus money, profits may be earned if it is included in the account designated by the internal branch, and profits shall be paid every month if it is paid.”
On September 2010, the Defendant, as such, by deceiving the victim, received a total of 58 million won from five times as indicated in the attached crime log (1) as stated in the attached Table of Crimes (1), by receiving cash of 12 million won from the Domoter located in the Geum-gu, Busan from the victim of the said deception.
2. Around October 2011, the Defendant committed fraud against the victim E made a false statement with the following purport: “Around October 2011, the Defendant may increase the interest rate and increase the profit by opening an account for USD 1,000 to the victim. If deposited into the horse account, the Defendant would pay monthly income.”
Around October 14, 201, the Defendant, by deceiving the victim and deceiving the victim, received a total of KRW 32,360,000 from five times as indicated in the attached crime list (2), such as receiving KRW 10 million from the national bank account in the name of F used by the Defendant, to transfer the same to the national bank account in the name of F used by the Defendant.
3. The criminal defendant against the victim G is guilty on or around September 11, 2012.