Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Justice] On April 19, 201, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud at the Incheon District Court on October 23, 201, and the said judgment became final and conclusive on December 23, 2011. On March 15, 2013, the Seoul Eastern District Court sentenced two years of suspension of execution and probation, and a community service order of 120 hours on March 22, 2013.
[2013 Highest 1394] The Defendant is a person who is the head of the Suwon Center of (State)D, a business receiving without delay.
On April 8, 2011, the Defendant made a false purchase with the victim F at the (State) D office located in Gangnam-gu Seoul Metropolitan Government, stating that “The Defendant would purchase mobile merchandises at a low price and exchange them with a general merchandise coupon, and then sell them at low prices. If the mobile merchandises are purchased at KRW 10 million, the Defendant would distribute a profit of KRW 4.65% of the purchase amount to KRW 4.65% of the purchase amount to KRW 10 million at KRW 4.65% of the purchase amount to KRW 4.65% of the purchase amount to KRW 10 million.” If other buyers are introduced separately, the Defendant would pay an amount equivalent to 3% of the purchaser’s purchase amount as allowances separately.”
However, in fact, the above mobile merchandise coupon cannot be exchanged as a general merchandise coupon, and the above company did not have the intent or ability to pay investment profits to investors because it is not capable of creating particular profits.
Nevertheless, the Defendant, in collusion with the actual operator G and Jeon affairs H of the above State, by deceiving the victim as above, and received from the victim the sum of KRW 167,00,000 on April 11, 2011, KRW 30,000,000 around April 14, 201, and KRW 5,000,000 around April 15, 201, and KRW 36,00,000,000 around April 18, 201, and KRW 36,00,00,000 around April 18, 201, and KRW 5,00,000 around April 22, 2011.
[2013 Highest 1641] The Defendant is a person who is the head of the Suwon Center of (State)D, a business receiving without delay.
The defendant around March 25, 201 to the victim J in the (ju) Suwon Center office located in 7th floor in Gangnam-gu Seoul International Building around March 25, 201.