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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On February 2, 2011, the Defendant invested the victim AC bank located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, AB in M (State)-guaranteed corporate bonds with “25 million won” and distributed profits equivalent to 20% of the principal after one year, and also guaranteed the principal.
“.....”
However, in fact, the defendant had the intention to use the money received from the damaged person to repay other debts owed by the defendant, and there was no intention or ability to pay the victim the investment profits.
As above, Defendant 1 received a transfer of KRW 25 million in total, including KRW 8.2 million on February 17, 201, and KRW 16.8 million on February 21, 201, from the injured party.
2. On April 2012, the Defendant would pay interest of KRW 540,000 per month to the victim’s AF Office located at AE at AE at the end of Busan Metropolitan City, adding up the interest of KRW 25,000,000 to KRW 500,000,000,000,000,000 to the interest of KRW 25,50,000.
“.....”
However, in fact, the defendant had the intention to use the money received from the damaged person to repay other debts owed by the defendant, and there was no intention or ability to pay the victim the investment profits.
As above, the Defendant was transferred KRW 20 million, including the sum of KRW 27.5 million on April 27, 2012, KRW 5 million on the 28.5 million on the same month, KRW 5 million on the 29.5 million on the 30th of the same month, and KRW 5 million on the 30th of the same month.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness AD;
1. Details of each account transaction, investment agreement, and deposit confirmation certificate [the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the victim trusted the Defendant’s horse that guarantees the principal of the investment and invested the instant money, and the victim was unaware that the Defendant had invested in the money before committing the instant crime, and his money was used for the repayment of the investment funds of AG, or made to AG.