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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal power] On August 14, 2018, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Central District Court, and the judgment was finalized on August 22, 2018.
【Criminal Facts】
1. On April 28, 2016, the Defendant made a statement to the effect that, around April 26, 2016, the Defendant would distribute the profits of 24% per annum as well as the principal on April 28, 2017, to the victim B, “in managing an investment company of domestic corporation C, the Defendant invested in Hong Kong futures option while investing in the investment company of domestic corporation.”
However, the Defendant did not directly make an investment in Hong Kong futures option, and did not know the details of the investment, but did not know the investment in detail. On January 22, 2016, the Defendant did not make any investment, except the remittance of KRW 60,000,00 to D’s account, the amount received from D was more than KRW 9,00,000 in total twice, and the amount received from D was more than KRW 9,00,000 in total, and the Defendant did not have any intent or ability to guarantee the victim’s profit or to guarantee the principal of the investment even if he received the investment money from the victim, such as receiving the investment money from the victim, and trying to pay it to other investors.
Ultimately, around April 28, 2016, the Defendant, by deceiving the victim as above, received KRW 10,000,000 from the victim’s account in the name of the Defendant, from the victim.
2. On September 5, 2016, the Defendant made a statement that “If 10,000,000 won is additionally invested to the victim B, 40% annual revenues will be paid until April 28, 2017, the maturity date of the existing investment amount,” around September 5, 2016, the Defendant made a statement that “if 10,000,000 won is additionally invested to the victim B.”
However, the defendant's intention to guarantee 40% annual profits or investment principal to the victim even if he/she receives investment funds from the victim for the same reasons as the above paragraph (1).