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A person shall be punished by imprisonment with prison labor for not more than two months and by imprisonment for not more than one month for the crimes of No. 1 or 2 as stated in the judgment of the defendant.
Reasons
Punishment of the crime
[criminal record] On March 28, 2013, the Defendant was sentenced to three months of imprisonment for fraud at the Busan District Court, and on May 24, 2013, the same court sentenced two years and six months of imprisonment for fraud, etc. on July 26, 2013, and each of the above decisions became final and conclusive on July 26, 2013, and the parole period was expired on December 24, 2015 during the execution of the sentence at Busan Correctional Institution.
[Criminal facts]
1. The criminal defendant against the victim T was in a situation in which a loss is sustained and repeated in the course of managing money from many investors, and the part in which the victim did not have any particular property or income and received money from the victim is thought to be used for other purpose, such as the payment of profits to the existing investors, and thus, he/she did not have any intent or ability to pay the principal and profit to the victim. Thus, on October 2, 2009, he/she acquired money from the victim by means of telephone from the victim at a non-permanent place (in a case where money is invested, he/she will be able to guarantee the principal and pay 10-20% profit if money is paid, and then he/she received KRW 20 million from the victim as a bond investment in around November 2, 2009, and received KRW 36,200,000 from the victim five times as indicated in the list of crimes.
2. The Defendant against U is not able or able to pay the principal and profits as agreed even if he did not receive the money from the injured party due to the circumstances in the foregoing paragraph 1, but the Defendant would pay the principal and profits to the injured party after the university at the mutual influence house located in the Busan Metropolitan Maritime Affairs and Daegu Dong on August 3, 2012.
“Along on August 3, 2012, it was acquired by deceiving 3,50,000 won from the damaged person through a V account (W) in the name of the Defendant on August 3, 2012.
3. The Defendant’s fraud against the victim X reaches an amount equivalent to KRW 500 million, on the other hand, around the victim X without any particular property or occupation.