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A defendant shall be punished by imprisonment for not less than eight months.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
Around October 18, 2017, the Defendant: (a) around the Seo-gu Incheon, Seo-gu apartment, Incheon; (b) on the ground that there was no particular property other than KRW 1 billion at the time; (c) even if investing in credit business from other persons under the pretext of investment in loan business, even if he/she was invested, he/she would have to appropriate his/her personal debt, living expenses, etc.; or (d) even if he/she is engaged in credit business by using some investment money, he/she would have to preferentially pay for his/her existing debt, living expenses, etc.; (b) so it is not possible to pay his/her profits normally; (c) however, he/she would raise a lot of profits by operating “D” to the victim who is aware of such circumstances; and (d) would make a continuous payment of interest income equivalent to KRW 50 million at the time of investing in the credit business fund, and reliance it as a fact, he/she has received from the victim to the E Bank account in the name of Defendant E Bank (F) and acquired it from such time to the date.
Summary of Evidence
1. Statement by the defendant in court;
1. Examination protocol of the accused by prosecution;
1. Application of Acts and subordinate statutes to police statements made to victims;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;
1. Grounds for sentencing under Articles 32 (1) 1 and (2), and 26 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings of Application for Compensation;
1. The scope of recommendations according to the sentencing criteria (decision of types) shall be the basic area of less than KRW 100 million [the scope of recommendations and recommendations], the basic area of which is less than KRW 100 million, and six months through six months;
2. Determination of sentence: The content of the crime as indicated in the 8-month sentence and the amount of fraud and the victim shall be 1,1980,000 won as interest.