beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Prior Crimes under the latter part of Article 37 of the Criminal Act] The Defendant was sentenced to eight months of imprisonment with prison labor at the Suwon District Court on October 25, 2012, and completed the execution of the sentence in a female prison on June 24, 2013.
【Criminal Facts】
1. On April 2012, the Defendant made a false statement to the victim C that “If the Defendant invested KRW 12.5 million in early May 2012, 201 to implement capital increase with respect to capital increase in the current automobile fund book, 5 times profits would be incurred, and 5 million won would be additionally required for the person in charge to pay the street to the victim” at the mutual infinite golf course located in Gangwon-do, Gangwon-do.
However, the Defendant did not know the employees working in the Hyundai Motor Fund Corporation at the time, and even if receiving the investment money from the victim, there was no intent or ability to purchase shares through capital increase with capital increase, or to make profits, and there was no other intent or ability to repay the investment money of the victim because there was no other property or income under the bad credit standing.
As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Defendant’s agricultural bank account, which is the Defendant’s child, and received KRW 17.5 million in total five times from around that time to May 8, 2012, as shown in attached Table (1).
2. On September 22, 2011, the criminal defendant against the victim E said false statement stating, “The On-site Automobile Group is aware of the person H of the department managing the funds in question, and may obtain a large amount of profit if he/she made an investment in the capital increase with the capital increase. If 50 million won is invested, all of the investment principal and profits may be refunded to the said person at the end of each year.”
However, H was a person who is not at all unrelated to the Hyundai Motor Group, and was merely a name of the borrowed account used by the defendant.