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A defendant shall be punished by imprisonment for not less than eight months.
The applicant C's application for compensation shall be dismissed.
Reasons
Punishment of the crime
1. The Defendant’s fraud against the victim D refers to: (a) at the PC room located in the name of the Defendant around January 25, 2016, the Defendant received a remittance of KRW 10 million from the Defendant’s trust account to the victim D, an employee of which he had been aware of in the course of carrying out futures trading in the PC room prior to that time; and (b) at the time of that year from that time, the Defendant received a remittance of KRW 10 million for the purpose of investment from the Defendant’s trust account on the 25th day of that month, by stating that “it may be possible to make an investment in any futures; (c) make a payment of the investment; and (d) make a payment of the investment to the extent that the amount would be sufficient to pay for the investment.”
6. From the date of February 24, 200 to the effect that “the victim has continued to make profits through futures trading,” the victim was remitted to KRW 53,816,00 in total under the same name as indicated in the list of crimes in the attached list of crimes.
However, in fact, since the Defendant got futures trading from around 2015 to the small amount of money, and from around January 2016, it did not have earned profits through futures trading, and attempted to receive the victim’s investment money and use the victim’s living expenses or personal debt repayment, there was no intent or ability to pay the agreed profits with the victim’s investment money.
As such, the Defendant, by deceiving the victim, acquired 53,186,00 won in total.
2. Fraud to the victim exchange savings bank, etc.;
A. On August 4, 2014, the Defendant borrowed a new bank account from C that he/she became aware of in the course of engaging in labor activities through a human resources office, and the fact that the Defendant was not authorized by the above C to obtain a loan under the name of Dong. Notwithstanding the fact, the Defendant called the person in charge of the loan of the K Savings Bank to the person in charge of the loan of the K Savings bank at the location below Sungnam-si around the same month, and applied for a loan under the name of C when he/she took the place as he/she was his/her C, and thereafter, applied for the loan on the same day.