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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
On January 2013, the Defendant, at a coffee shop near Gangnam-gu Seoul Gangnam-gu Seoul, concluded a false statement to the victim C, “The Defendant, while working in the asset management management team in D, may stably crowdfunding the money received from investors, thereby allowing not only guaranteeing the principal but also 5.2% higher profit rate per annum.”
However, in fact, the above “E” account was not a D company account, but a personal account stating “E” in the name column when the Defendant opened an account. The Defendant did not use the money transferred from the victim to the said account for investment, but planned to use it as profit payment and personal living expenses, etc., so there was no ability or intent to guarantee the victim’s profit promised.
As such, the Defendant, by deceiving the victim, received KRW 25 million from the said corporate bank account on January 25, 2013 to transfer the said corporate bank account, and received KRW 356,280,000 in total on 25 occasions until January 26, 2017, such as the statement in the list of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to the details of principal deposits and withdrawals submitted by the recipient;
1. The reason for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act [the scope of recommended punishment under the sentencing guidelines] Fraud [the scope of punishment under the sentencing guidelines] [one to four years] in the basic area (one hundred million won to five hundred million won] [the sentence]] of the crime of this case: (a) even before and after two times of a previous conviction, the defendant went to commit the crime of this case; (b) even though the amount of damage was not significant, the defendant has paid 10 million won or more to the victim as profits, and (c) the defendant's age, sex, family relationship, family environment, motive and means of the crime, and the circumstances after the crime.