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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
On September 27, 2009, the defendant made a false statement to the insurance solicitor G, the insurance customer of the defendant, who is the insurance design company of the 6th floor of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, that is, the insurance design company of the DE branch team leader of the DE branch, and in the office of the FHAE located in Seocho-gu, Seocho-gu, Seoul Metropolitan Government on September 27, 2009, the defendant made a false statement to the effect that "There is a limited e-art investment product made in order to manage the small number of customers inside the company D, and upon making an investment in the above investment product, the profits of 2% of the investment principal shall be paid each month,
However, in fact, the Defendant was liable for approximately KRW 2-30 million, and the Defendant created false investment goods with the intent to use them as Defendant’s living expenses, etc. by receiving money under the name of investment from the victim due to lack of special assets. Therefore, there was no such investment goods as above in D, and even if the Defendant received the investment money from the victim, there was no intent or ability to pay the proceeds and principal in accordance with the said investment goods or the agreement.
Around September 27, 2009, the Defendant received a total of KRW 2,500,000 from the victim to the bank account (H) in the name of the Defendant for investment in the said invested goods, as well as a total of KRW 395,560,000,00 from the same date to January 26, 2013, in the following manner, as described in the list of crimes:
Accordingly, the defendant was provided property by deceiving the victims.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement to the prosecution of I;
1. Each police statement to G and J;
1. Each statement of G, K, L, J, M, N, andO;
1. A specification of transactions;
1. Table of each amount of damage, details of deposits, and details of revenues;
1. Application of Acts and subordinate statutes of each investigation report;
1. Article 347 (1) of the Criminal Act (Selection of Imprisonment) of the corresponding Articles of the Criminal Act concerning the facts constituting an offense;