A defendant shall be punished by imprisonment for not less than three years and six months.

Criminal facts

[208. From around April 20108, the Defendant: (a) from the second floor of the Da Building in Daegu-gu, Daegu-gu, the Defendant had been operating a foreign-registered goods distribution company with the trade name “stock company E”, the personal debt amounting to 200,000,000 won; (b) as a result, the foreign-registered goods held by the said company for the collection and sale of the said company’s office are in excess of auction, etc.; and (c) the said company’s normal operation was difficult, such as the said company’s overseas-registered goods are in excess of auction, the Defendant was willing to receive investment in the said overseas-registered goods distribution business from the victim G, a senior employee of the FF, to pay the said debt after receiving the money for investment.

On April 2010, the Defendant: (a) at the office E Company E, Inc., Ltd., the Defendant assumed a large amount of personal debt as above; (b) was unable to normally operate the said office; (c) was planned to receive investment money from the victim to use some of the funds in repayment of the said debt; and (d) subsequently, the Defendant solicited the victim to make an investment in the overseas valuable distribution business.

Around April 30, 2010, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 20,000,000 from the victim’s account under the name of the Defendant as investment money; (c) around May 6, 2010, the Defendant was issued a Masp passbook in the name of the victim for investment money; (d) around June 11, 2010, the Defendant was transferred KRW 20,000 to the account under the name of the Defendant for the successful bid price for overseas printed items, etc. owned by the Defendant; and (e) received KRW 20,000,000 from the victim for four times on or around June 23, 2010, by remitting KRW 20,000 from the Defendant’s account under the name of the Defendant and received KRW 240,000,000 from the victim.

[2012 Highest 5824] The Defendant, from around December 2, 2008, was engaged in the clothing trade business in the name of “E” on the second floor of the 2nd floor of the Da building in Daegu Jung-gu, Seoul. On September 2010, the Defendant became aware of the victim I who operated the clothing sales store in the trade name of “H” as “H”, and the victim was a member of I who operated the e-commerce business, such as clothes, through that woman.