Text
A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than four months for a crime set forth in the holding of the defendant.
Reasons
Punishment of the crime
[Final Judgment] On March 14, 2013, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of probation at the Seoul Central District Court, and the judgment became final and conclusive on June 27, 2013. On April 30, 2015, the Seoul High Court sentenced the Defendant to 4 years of imprisonment for fraud, etc., and the judgment became final and conclusive on August 27, 2015.
[Criminal facts]
1. On February 14, 2011, the Defendant stated that, through F, a company E (hereinafter “E”) located in Gangnam-gu Seoul Metropolitan Government D (hereinafter “E”), an employee of the office, “F will make funds to list stocks with the approval of the Ministry of Land, Infrastructure and Transport,” the victim will be listed until October if he/she has invested in money, thereby allowing him/her to pay at least two to five times the profits.”
However, (State)E only lent the name of G, the Defendant’s seat, and it was in a situation where a company established by the Defendant was not equipped with organization, human resources, and funds to promote a real estate development project and it was difficult for the competent authority to obtain authorization for a real estate development project from the real estate development company. As such, even if the Defendant received money from the damaged party as a share investment, he did not have an intent or ability to make a payment of investment proceeds as agreed to by listing stocks.
As such, the Defendant, by deceiving the victim as such, acquired money from the victim on February 14, 201, KRW 20 million, KRW 20 million on February 28, 201, KRW 5 million on March 16, 201, KRW 16.5 million on May 16, 201, and KRW 115 million on May 23, 201, and acquired money from the Defendant to the H bank account under the name of the national bank account (I) using the Defendant.
2. The Defendant, who committed a crime against the Victim J, made an investment in the Seoul detention center located in the Seoul detention center located in 636, Mana-dong, Maang-dong, 2014, because there is good stock information.
K's share shall be 3,00 won per share, and shall be 10 times between 10,000 and 10 times per share.
If the market price gains occur, such profits shall be the proceeds.