A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

"2016 Highest 6081"

1. On October 2015, the Defendant entered the purchase price of stocks into a 720,00 won per share of C shares held by the Defendant on the condition that he would sell shares in KRW 800,000 per share to the victim B in an influencing restaurant near the ero-si, the next influence of the competition, “A promising company to be called C,” which was well known to the victim B, and that he would make an investment to B by giving him a profit by selling shares in KRW 720,00 per share.

“A false representation was made.”

However, in fact, the Defendant did not have any special property or monthly income at the time, while, after having failed to make an investment in the stocks outside the country on March 2013, the Defendant was liable for the debt amounting to one billion won. Even if the Defendant received the purchase price from the injured party, it was thought that he would use the money to pay the Defendant’s debt, and there was no intention or ability to pay the victim the difference of transfer of stocks with profits.

Accordingly, the Defendant, as above, by deceiving the victim as above, received from October 23, 2015 to November 15, 2015, a total of KRW 18 million in the name of the purchase price for stocks from the account in D’s name from October 23, 2015 to the account in D’s name.

2. On December 28, 2015, the defrauded of the borrowed money is entitled to receive the payment from the National Assembly Secretariat of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “Seoul Yeongdeungpo-gu Party”) at the National Assembly meeting of Yeongdeungpo-gu, Seoul, with the intent of Yeongdeungpo-gu, and “The Defendant is required to pay the borrowed money to the victim.”

“A false representation was made.”

However, in fact, while the Defendant did not have any special property or monthly income at the time, the Defendant had a debt of one billion won, and the Defendant had been urged to repay the debt from another credit, and the Defendant had been forced to repay the debt, the Defendant borrowed the money in the circumstances where it was urgently required to repay the debt, and thus, the Defendant did not have any intent or ability to repay the money even if it borrowed the money from the victim.

Accordingly, the Defendant deceivings the victim as above and received 10 million won from the victim to the post office account in the name of F.