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Defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
(A) The Defendant (State) was a person operating C, who suffered a large amount of loss in futures trading around October 2008, and tried to meet it. On May 201, 201, the obligation was 2 billion won and the obligation was 2 billion won. Accordingly, the obligation was hereinafter referred to as “irrehion” in a manner that lends money from the surrounding area to repay other obligations.
1. On September 7, 201, the Defendant against the victim D made a false statement to the victim D’s Seoul office located in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-gu, stating that “The Defendant will get loans from small and medium enterprises that can be recovered, and will receive interest twice a month.” The Defendant received 30 million won from the said victim’s agricultural bank account in the name of the Defendant or F on the same day from the said victim and received 30,000,000 won from that time to July 30, 2012 through the above method, such as the list of crimes (1) as shown in the attached Table of Crimes (1).
However, even if the defendant receives money under the above name, he did not intend to use it to prevent the return, and did not intend to use it for small and medium enterprises.
Accordingly, the defendant deceivings the victim as above and acquired the total of KRW 1 billion.38 billion.
2. On March 2012, the defrauded of the Victim G, the Defendant made a false statement to the Victim G, stating that “on the basis of an internal futures trading (FX trading) 10-15% of the monthly profit” would be paid 5% of the monthly profit. When investing money, the Defendant received a remittance of KRW 30 million from the Defendant’s foreign exchange bank account in the name of the Defendant on March 26, 2012, from that time to May 29, 2012, from that time, five times as indicated in the attached Table of Crimes (2).
However, even if the defendant receives money under the above name, he only tried to use it to prevent the return.