beta
Text
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Criminal facts
[criminal records] On December 10, 2015, the Defendant was sentenced to two years of suspension of execution on the part of six months by obstructing the performance of official duties by the Seoul Western District Court, and the said judgment became final and conclusive on December 18, 2015.
The defendant of "2015 Highest 5054" is to invest 500 million won in the victim D company in Ansan-si around December 18, 2012.
In order to raise investment funds, it was said that it is necessary to secure another person's trust, and the funds for this purpose are loaned."
However, at the time, the Defendant did not have to prepare 500 million won investment funds to the victim, and only attempted to use the funds borrowed from the victim as entertainment expenses, etc., and the victim did not have any property or occupation and did not have any other intent or ability to pay the funds properly even if the victim received money under the pretext of the borrowed money.
Nevertheless, on December 18, 2012, the Defendant, as seen above, received KRW 2,500,000 as the borrowed money from the victim’s account in the name of E on December 18, 2012, and acquired KRW 30,800,000 through nine times from around that time to June 10, 2013 as indicated in the list of crimes in the attached Form.
On December 26, 2014, the Defendant sent 4.5 million won to the Victim F (30 million won) by telephone from the Mayang-si (hereinafter referred to as the “Manyang-si”) in Ansan-si (hereinafter referred to as the “Manyang-si”) around December 26, 2014, “The mother has made an investment of 300 million won, and 4.5 million won is her mother’s account.
D. The phrase “.............”
However, the defendant could not prepare 300 million won of investment to the victim because he/she has no other property or occupation. The defendant's mother could not invest 300 million won of investment, and there was no other ability or intent to prepare a proper investment fund in other ways.
Nevertheless, the defendant deceivings the victim as above and is under the name of E on December 26, 2014.