beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[2013 Highest 604]
1. On January 14, 201, the Defendant defraudeded KRW 120 million (victim D and C) by 120 million on January 14, 201, the Defendant recommended the victim D and C to make an investment at the victim D and C office located in the Gangnam-gu Seoul, Gangnam-gu, Seoul, from the lower police officer on December 12, 201 to the first police officer on January 2011, and “B operates an Internet translation corporation, the Internet translation corporation. There is a lot of profits from translation and sale on its website. If the Party invests KRW 120 million on its website, it would pay the final revenue of KRW 90% (7.5% per month) and return the principal after one year.”
However, in fact, the defendant was insufficient to pay confirmed earnings as agreed to the victims, and the defendant did not have any other profit or property, and only received money from the victims to use them as his/her own living expenses, etc., so the defendant did not have the intent and ability to pay the principal one year after paying the confirmed earnings in accordance with the agreement.
As above, the Defendant, by deceiving the victims, received KRW 120 million from the victims as investment money on January 14, 201, and acquired it by deceit.
2. On May 30, 201, the Defendant defraudeded KRW 120 million (victim D and C) on May 30, 201, the Defendant said victim D and C at the t&S search shop located in Samsung-dong, Gangnam-gu, Seoul, for the first time on May 2011, saying, “The aforementioned victim D and C are expected to expand the business in good condition. In addition, if the Defendant invested KRW 120 million, 90 million will guarantee the profits of KRW 120 million, and the principal will be returned after six months.”
However, in fact, the defendant did not have any profit due to the above E operation, and the defendant did not have any other profit or property, and was paid part of the investment money received from the victims to the victims as a profit.