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A defendant shall be punished by imprisonment for five years.
Reasons
Punishment of the crime
[criminal power] On March 14, 2013, the Defendant was sentenced to 8 months of imprisonment for fraud at the Seoul Central District Court and 2 years of suspended execution, and the judgment became final and conclusive on June 27, 2013.
【Criminal Facts】
The Defendant is a person who was a de facto operator of E (hereinafter referred to as “F”) and the representative director of E (hereinafter referred to as “E”) and F (hereinafter referred to as “F”) in all corporations.
1. E-related fraud;
A. On June 208, 2008, the defrauded of the purchase price of stocks, the Defendant said to the effect that “E, the Defendant’s representative of the Defendant, is proceeding with a mobile phone service in Cambodia, through the J, etc., the victim I. At the H clothes store located in G, the Defendant: (a) was using the mobile phone in a Arabic manner; (b) the consultation with the Cambodian government was completed to distribute the mobile phone in a digital way; (c) the current price of E, the face value of which is at least 500 times after completing the telecommunications license agreement to be distributed in a digital way, will rise above 10 times in the face value; and (d) the purchase of stocks of E, which is at least 10 times a profit.”
However, E has failed to complete the license agreement with the Cambodian Government and the digital system, and due to the lack of organization, human resources, funds, etc. to promote the project in Cambodia, there was no intention or ability to make profits from the victims even if it receives the purchase price of stocks from the victims because it is difficult to operate normally.
Nevertheless, on July 3, 2008, the Defendant deceivings the victim through J, etc., and accordingly, transferred KRW 20 million to the new bank account in the name of K, the head of the E Fund, KRW 40 million around August 19, 2008, KRW 15 million to the same account around December 26, 2008, and KRW 180 million to the agricultural bank account in the name of L, the mother of J, around April 7, 2009.