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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around October 2010, the Defendant received an investment from F, etc. to make an investment in futures and investment in stocks, and caused a loss of investment funds from Aug. 201, and continued loss thereafter, the Defendant incurred most of the investment funds to Oct. 1 of the same year. Since there was no property owned due to the failure of stock investment continued from Oct. 2007 to 2008, the Defendant did not have any intent or ability to repay even if he received the funds from the victims under the pretext of the investment or loan.
1. Fraud against victim F;
A. On September 21, 2011, the Defendant: (a) at the night office of the Incheon G neighboring H site; (b) at the time of the occurrence of continuous loss due to stock futures investment; (c) without notifying the victim F of the occurrence of profits; (d) by deceiving the victim in a manner that seems to have continuously occurred without notifying the victim F of the fact; and (e) received KRW 16 million in cash from the victim on the job.
B. On November 20, 201, the Defendant: (a) by deceiving the victim to the effect that, even if he/she borrowed money from the victim F at the time, he/she would have been able to invest in a futures trading of stocks; (b) by deceiving the victim to the effect that “it would have been urgently needed to pay off the money; and (c) he/she would have been transferred KRW 10 million from the victim’s new bank account under the name of the Defendant on the same day; and (d) by deceiving the victim to the effect that “the money was used,” the victim was remitted KRW 10 million from the victim to the new bank account under the name of the Defendant on the same day on the same day on December 8, 2011; and (e) around February 8, 2012, the victim received KRW 28 million from the victim to the effect that “the money was lent to the victim with the need for living expenses,” and received KRW 28 million from the victim on or around February 8, 2012.
2. The criminal defendant against the victim I is guilty at a place where the location is unknown on November 10, 201, and at that time shares at that time.