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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On December 22, 2016, the Defendant was sentenced to three years of imprisonment with prison labor for fraud, etc. at the Busan District Court, and four years of suspended execution, and the said judgment became final and conclusive on July 28, 2017. On December 21, 2017, the Daegu District Court Decision was sentenced to ten months of imprisonment with prison labor for fraud, and the said judgment became final and conclusive on October 18, 2018.
【Criminal Facts of crime” around April 16, 2015, the Defendant made a false statement to the effect that “C” restaurant located in Kimhae-si, Kim Jong-si, “E Co., Ltd. is developing a rooftop mine in the name of E Co., Ltd. and conducting health-related business, such as the establishment of a raw water plant,” and in Indonesia, an attorney’s fee is required to conduct the business. If an investment is made, the agent’s right to operate the business related to the development of the rooftop mine is given, the stocks of the corporation established in relation to the investment will be transferred, and the profits will be distributed. The principal will be repaid by December 31, 2015.”
However, in fact, since October 2012, investment projects related to the development of the rooftop mine and the construction of Indonesia Housing have not been developed any longer due to the shortage of business funds. The Defendant received investment funds from the victim as above, and thought to be used for personal debt repayment, credit card payment, insurance money, etc. At the time, the Defendant was liable for financial institutions equivalent to approximately KRW 537,574,000, and even if receiving investment funds from the victim, there was no intent or ability to deliver stocks and profit dividends to the victim or pay the principal normally by the due date.
Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 100 million from the victim to the F Association account in the name of the Defendant around April 22, 2015.
Accordingly, the defendant was given property by deceiving the victim.