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A defendant shall be punished by imprisonment for three years.
The defendant pays 20 million won to C and D, who is an applicant for compensation.
Reasons
Punishment of the crime
"2019 Highest 1342"
1. At around 12:50 on January 31, 2019, the Defendant made a false statement by phone call to the victim C, stating that “B is working in H company. Goods that may bring about a short-term investment profit of 8 to 10% of the principal amount guaranteed due to an annual leave of absence, which may bring about a short-term investment profit in H company.”
However, the defendant did not have worked for the above company, and even if he received the investment money from the victim, he did not have the intent or ability to pay the agreed profit to the victim, since he was only a plan to use it for the actual purpose of investment.
As above, the Defendant, by deceiving the victim and deceiving him from the victim, through the I Bank account (J) in the name of the defendant on the same day, acquired money of KRW 20 million under the pretext of investment.
2. On January 31, 2019, the Defendant called the victim D by phone to the victim “B is working in the HH company. The Defendant made a false statement that “I make an investment because there is a good with a fixed return of return on the principal guarantee, which is 16.8%.”
However, the defendant did not have worked for the above company, and even if he received the investment money from the victim, he did not have the intent or ability to pay the agreed profit to the victim, since he was only a plan to use it for the actual purpose of investment.
As above, the Defendant, by deceiving the victim and deceiving him from the victim, through the I Bank account (J) in the name of the defendant on the same day, acquired money of KRW 20 million under the pretext of investment.
"2019 Highest 3682"
3. On October 2014, the Defendant made a false statement to the victim B, who was a father at a university, a junior police officer, stating that “B now manages the HIP fund of HIP companies, if investing money, the Fund will manage the fund, left 8 to 10% of the principal amount, and the principal will be guaranteed every three months.”
However, the defendant did not work for H companies, did not manage VIP funds, and received the victim.