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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[Criminal Power] On October 8, 2009, the Defendant was released on August 14, 2012 and the parole period expired on December 9, 2012, after having been sentenced to four years of imprisonment by the Seoul High Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).
【Criminal Facts】
1. Around September 2012, the defrauded concluded that, “A victim C (year 43) who was aware of his/her knowledge in a mutually unclaimed restaurant located in Dobong-gu Seoul, Dobong-gu, Seoul, would be able to receive profits from which he/she would be able to receive more than 10 percent of the shares, would be able to receive profits from which he/she would be able to receive more than 20 percent of the profits, and 20-30 percent of the profits.”
However, in fact, the defendant was thought to use the victim's investment funds in debt repayment and gambling, and some of it was thought that the defendant continued to receive the investment funds by pretending that the victim was hiding and making profits even if it was incurred by investing shares.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 10,000,000 from the victim’s Korean Investment Securities Account (E) in the name of D on November 2, 2012 as investment money, and received KRW 10,000,000 from around that time to April 4, 2013 in total seven times, as shown in the List of Offenses (1).
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
2. The Defendant habitually gambling: (a) from November 14, 2012 to June 1, 2013, via the Internet (Ftel 132) of Dobong-gu Seoul Metropolitan Government, the Defendant opened and operated online private sports soil and entertainment sites (G, H, and I; and (b) deposited total of KRW 196,753,00 in the deposit account of the said website over 565 times in total by means of the national bank account in the name of J (K) and the new bank account in the name of D (L) as shown in the attached list of crimes (2) and (3); and (c) deposit KRW 196,753,00 in the deposit account of the said website with the corresponding game money.