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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. Fraud against the victim C;
A. On June 30, 2008, the Defendant, at the E office located in Gangnam-gu Seoul Metropolitan Government, held the victim’s exclusive right to sell the product “F with the exclusive right to sell the products in the Home shopping.” The Defendant would give 20% of the company’s shares if he/she invests in the money to sell the product in the Home shopping.
“.........”
However, in fact, the defendant was thought to use money from the damaged party as gambling funds and personal debt repayment, and there was no idea to use it as company operation funds.
The defendant deceivings the victim as above and transferred 40 million won to the account in the name of the defendant under the name of the victim for the same day as the investment money from the victim.
B. On July 24, 2008, the Defendant would pay back to the victim without a mold within three months from the lending of KRW 20 million to the victim, as he/she was engaged in urgent use.
“.........”
However, in fact, the Defendant was thought to use money as money for gambling from the injured party. At the time, the Defendant was in a state of debt exceeding KRW 200,000,000, and there was no other property or income as a bad credit, so there was no intention or ability to repay the money to the injured party.
The defendant deceivings the victim as above and is therefore subject to 15 million won with an account under the name of the defendant on the same day under the pretext of borrowing from the damaged person;
7. Around 28.28. It received a total of KRW 19 million, including KRW 4 million, from the said account.
(c)
The defendant around September 8, 2008, at the office mentioned in the above paragraph (c) above, he will pay back to the victim with the money borrowed from the victim as the company's funds are required.
“.........”
However, in fact, the defendant was thought to use money from the damaged party for gambling funds, personal debt repayment, stock investment, etc., and at the time, the debt exceeds KRW 200 million.