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Defendants shall be punished by imprisonment for one year and six months.
Defendant
A shall be 32,800,000 won by fraud to the applicant for compensation.
Reasons
Punishment of the crime
[2013 Highest 1735] The Defendants conspired to receive money from victims as investment money on December 2010, 2010, on the following grounds: (a) customers visiting the point of “G” operated by Defendant B in Gwangju North-gu, or those who Defendant A became aware of in the course of social life; (b) “it is able to receive considerable profits if there are people making investments using government information in secret and making investments therein; and (c)” (d) the Defendants conspired to receive money as investment money from the victims.
However, the above investment was not a real entity, and the Defendants thought that they would not return the existing investment funds received from the victims, such as paying profits to other investors, so even if they received the investment funds from the victims, they did not have the intent or ability to return the agreed profits as well as the principal.
1. The Defendants’ co-principal
A. On December 26, 2010, in accordance with the above public offering, the Defendants made a false statement to the victim I that Defendant A would have made a large amount of profit by making an investment in Seoul, with a thickness of several years. It is not easy to see because the Government received information and made an investment. Furthermore, it is possible to enter the Republic of Korea for a few years. If the Defendants made an investment in KRW 18 million, the Defendants would pay the proceeds of KRW 360,000 per month and return the principal within the month when the request for return was made. Defendant B made a false statement that Defendant A would have made an investment in fact as above, thereby making a large amount of profit.
The Defendants, as such, by deceiving the victim, received KRW 18 million from the victim to the Gwangju Bank account under the name of the Defendant A on the same day, and transferred KRW 20 million to the same account for the same purpose on or around March 30, 201. On October 4, 2011, the Defendants received false statements for the same purpose and received KRW 2.9 million from the same account to the same account, and around October 6, 201.