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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
On September 20, 2018, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in the Busan District Court's Dong Branch Branch, and the above judgment became final and conclusive on December 15, 2018.
"2018 Highest 2492"
1. On November 12, 2010, around November 12, 2010, the defrauded made a false statement to the effect that “The Defendant would return the principal to the Plaintiff and make a return to the Plaintiff within two weeks after making an investment if the Defendant borrowed the money to make an investment in the stocks and funds with a high profit rate and with guarantee of profits.”
However, in fact, the Defendant did not have fixed profits at the time, and did not have any intent or ability to repay the amount of 200 million won because he did not know of the shares and funds, which are especially guaranteed profits.
As above, the Defendant, by deceiving the victim, was transferred from the victim, to the corporate bank account (E) in the name of the Defendant, KRW 30 million under the name of the victim.
2. On June 1, 2011, around June 1, 2011, the defrauded made a false statement to the effect that “The Defendant would pay back money within two weeks, along with the borrowed money borrowed prior to the lending of money, to the victim at the place specified in paragraph (1) at a time, and to the effect that “The Defendant seeks to secure a certain amount of profit at once and to invest in shares and funds with a good return rate.”
However, the Defendant did not have fixed profits as stated in Paragraph 1 at the time, and did not know of the shares and funds, which are especially guaranteed profits, so there was no intention or ability to repay them even if they borrowed money from the victim.
As above, the Defendant, by deceiving the victim, was transferred from the victim, to the corporate bank account (E) in the name of the Defendant, KRW 30 million under the name of the victim.
In this respect, the defendant deceivings the victim to total 6.