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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant, around November 23, 2012, called “D” from the cross-line of the Defendant’s operation in Seongbuk-si, Sungnam-si, called “D” to the victim E, saying, “The Defendant calls the victim E to make an investment in Mzz and fire insurance, giving rise to a high profit.”
However, even if the defendant received investment money from the victim, he did not have the intent or ability to invest in Mzz fire insurance.
Nevertheless, the Defendant, as seen above, by deceiving the victim and by deceiving the victim, acquired money of KRW 18 million from the victim around November 26, 2012.
2. Around June 2013, the Defendant called “D” house as indicated in paragraph (1) to the victim and falsely read, “The general public would make profits by 8% if he/she subscribed to an investment asset management of executive officers and employees of the same attached securities, but will make profits by joining in the name of the company although he/she is not a subscription.”
However, even if the defendant receives investment money from the victim, he did not have the intent or ability to invest in the same attached securities.
Nevertheless, the Defendant, as seen above, by deceiving the victim, received the remittance of KRW 50 million from the victim around July 4, 2013.
3. Around August 8, 2014, the Defendant made a false statement that “The Defendant may make an additional investment in the same securities because he/she could make an additional investment in the same securities” to the victim at the “D” head office as stated in paragraph (1).
However, even if the defendant receives investment money from the victim, he did not have the intent or ability to invest in the same attached securities.
Nevertheless, the Defendant, as seen above, by deceiving the victim, received 20 million won from the victim to transfer the same day.
Accordingly, the defendant received a total of KRW 88 million from the victim and acquired it by transfer through three times.
Summary of Evidence
1. Defendant's legal statement;
1. The E statement (No. 13 No.);
1. A complaint (including attached materials);
1. The criminal investigation report is filed with the suspect on August 8, 2014 for the purpose of investment.