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A defendant shall be punished by imprisonment for four years.
Reasons
Criminal facts
"2018 Gohap 173"
1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) from around 2001 to the date of having been employed as a salesman in the used car trading complex from around June 201, 201, to the victim D, who was a branch in the cmelting golf practice site B at the time of entertainment, is selling it at a low price.
In the event that a transaction makes an investment in a high-class and high-class purchase fund, it made a false statement to the effect that it will make a sure payment of the principal of the investment and the profits of the high-rate contract.
However, in fact, from November 201 to 20 persons, the Defendant has repeatedly lent money to 20 persons who were in the middle and middle from around November 201, under the pretext of paying the agreed investment proceeds when it grants a second and secondhand purchase fund. The Defendant paid the investment principal and interest agreed upon to investors regardless of the occurrence of loss incurred from vehicle transaction, while the deficit appears to have been used for entertainment expenses and living expenses, such as one’s golf expenses, etc., and the Plaintiff began to return the part of the money transferred from investors from January 2015 to the payment of the preceding investment principle, which is appropriated for the payment of the funds. Since the mid-2016, the Defendant did not have any intent or ability to pay the principal and interest for the second time by making an agreement with the victim on the above profits and making recommendations for investment, and there was no intention or ability to use the money for the second time.
Nevertheless, on July 1, 2016, the Defendant: (a) by deceiving the victim as above; (b) received transfer of KRW 20 million from the account (F) in the name of the Defendant to the E bank account (F) in the name of the Defendant; and (c) thereafter, until September 1, 2017, the Defendant paid KRW 31,575,260,000 in total over 1,265 times from September 1, 201.