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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
[2017 Highest 1749]
1. On May 11, 2012, the Defendant recommended the victim E to make an investment in the fund by stating that “The victim E is a professor in a foreign language, who is a professor in the Republic of Korea, and the Cheong-gu in Cheong-gu, who works for the fund at the head office of the foreign exchange bank and manages the fund at the head office of the foreign exchange bank, while making an investment in this area, he/she may obtain high-rate profits.”
However, in fact, the Defendant had experience in the cafeteria at the cafeteria of the Korean Foreign Language University, and was not a professor of the said University, and F did not have been a professor of the said University. The Defendant thought that he received money from a foreign exchange bank fund in return for his daily living expenses, etc., and thus, the Defendant did not have the intent or ability to have the fund deposited such money and receive the proceeds from its operation, even if he received money from the victim.
Nevertheless, the Defendant, as seen above, received KRW 4 million from the injured party on May 11, 2012 as the fund investment deposit from the said victim. Moreover, from around that time to February 27, 2017, the Defendant received KRW 419,142,580, total amount of KRW 83 times as the fund investment deposit in attached Table 1, as shown in the list of crimes 1 from around that time, to around February 27, 2017.
2. On January 25, 2017, the Defendant called the victim G by phone to the victim G and asked the victim G to lend money from the Party that H is urgently required, and the Defendant paid KRW 182 million to the Party B, with the payment of KRW 182 million, the Defendant paid the money to H and paid KRW 200 million after five months thereafter.
However, in fact, the Defendant did not have received the request from H to lend money, and it was thought that he would use such borrowed money as his own living expenses, etc., and it is the revenue received from other people as the fund investment money.