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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
From the beginning of 2011, the Defendant had been liable for the amount of 0 million won as a bad credit holder since 2003. As the Defendant had been engaged in credit business by obtaining a loan under another person’s name from the beginning of 201, it was difficult to repay interest on loans and to spend monthly operating expenses. On August 2011, 201, the Defendant had been willing to access the victims of the Dong-dong, a high school, who had been immediately from the upper side of the Dong-dong, to obtain money as investment funds.
Therefore, around December 15, 2011, the Defendant concluded that, at the office of “E” operated by the Defendant, the Defendant would have invested money from other investors, “F,” an auction-invested entity with an internal share, and a loan-invested entity with an internal share. When investing money, the Defendant would have collected KRW 5 million per auction. Each month, the Defendant would be paid dividends of KRW 3 million and receive profits.”
However, the fact was that the Defendant, as a person with bad credit standing, was liable for a debt of 0 million won, and since the beginning of 2011, the Defendant engaged in credit business without any funds, other than the funds raised under the name of the branch, G, etc., and made monthly repayment of the interest of loans and the expenses for office operation, and losses were sustained without any profits, and thus, it was a situation in which it was impossible for the victim to normally reduce the profits from the investment funds.
In addition, there was no person who has promised to make an investment to the Defendant, and there was no auction investment company called F.
As such, the Defendant, by deceiving the victim, received five million won from the victim to the post office account (I) in the H’s name, and received from the victim, from that time to July 2012, such as the entry in the attached list of crimes, he/she acquired money of KRW 331,753,00 in total under the name of investment money from that time to 30 times until December 2015.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness C and J;
1. The defendant;