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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On June 21, 201, the Defendant was sentenced to a fine of KRW 10 million for fraud at the Seoul Central District Court on June 21, 201, and on November 7, 2011, the above court was sentenced to a fine of KRW 5 million for fraud, and all of the same criminal records are two times.
In addition, on January 9, 2012, the above court was sentenced to two years of imprisonment with prison labor for a violation of the Labor Standards Act, and the judgment was finalized on January 17, 2012.
【Criminal Facts】
The Defendant is a person who operated a “E” chain business in the course of operating a legal entity called (C) or (D) between the lowerman of August 2009 and February 2, 201.
1. On August 31, 2009, the Defendant stated that “The victim F will start the E Chain business and operate the direct sales store in Seoul Northern-dong, Seoul, while investing KRW 100,000,000,000 per month, the Defendant would pay the profits of KRW 3,00,000 per month and pay the principal of the investment to KRW 3,00,000 per month.”
However, the Defendant’s funds themselves received investments from investors, including the victims, or offered funds for the operation of the above store by lending from the bond company. Since the establishment of the above chain points first begins, it is difficult for the Defendant to meet the operating cost of the above store and the payment of interest for the number of days to the bond company, and thus, even if having received investments from the victim, there was no intent or ability to pay the investment profits and the principal as agreed by the victim.
The Defendant, by deceiving the victim as such, received a total of KRW 10 million from the victim to the account under the name of the said Section (C) over three occasions, including KRW 10 million on September 1, 2009, KRW 30 million on September 4, 2009, KRW 60 million on September 15, 2009, and KRW 100 million on September 15, 2009.
2. The Defendant is a victim at a place where it is unknown on October 6, 2009.