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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. The Defendant is a person who operates a D Co., Ltd. with its head office set forth in Mapo-gu Seoul Metropolitan Government C Building 805 and engages in new sales business, etc.
2. Around August 9, 2006, the Defendant stated that “the victim E will pay the price if he/she delivers the letter to the victim” at the G office operated by the victim E in Busan Jin-gu, Busan.
In fact, the defendant was in bad credit standing and was in bad financial standing due to the failure to pay corporate tax and so there was no intention or ability to pay the price normally even if he is delivered with a new order from the victim.
Nevertheless, the Defendant, as above, by deceiving the victim, received 52,850,000 won in total at around November 1, 2006 from the victim, and received 4,120 new shares of 52,850,000 won in total from around that time until January 16, 207, and acquired 17,30 satisfaction of 214,115,000 won in total at the market price from that time to January 16, 2007.
3. On November 2006, when the Defendant invested KRW 50 million to K by the representative director of the Victim H Co., Ltd. (Co., Ltd.) in his/her office located in Gwangju on or around November 2006, the Defendant would return the principal within 3 months, pay the interest of KRW 5.5% per annum, and take three new sales stores to move in the marina, etc.
The term "assumed" was referred to.
In fact, the defendant did not have the intent or ability to pay principal and interest or to make a new store even if he received money from the victim due to the circumstances described in the preceding paragraph.
Nevertheless, as above, the Defendant, by deceiving the victim as above, obtained a total of KRW 30,000,000 from the victim around November 3, 2006 and KRW 20,000,000 from November 6, 2006, and acquired it by deception.
Summary of Evidence
1. Each legal statement of witness K, L, and E;
1. Entry of each part of the protocol concerning the prosecution and the police interrogation of the accused;
1. An investment contract;
1. A copy of a bankbook; and