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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On January 2015, the defrauded concluded that, at the point of KING life saving station located in the 6th floor of the 516th Hun-Ga in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant would pay the victim C, etc. 5% of its principal and 5% of its monthly revenue if it invests funds to B, and around January 2016, the Defendant could bring high profits to the victims, etc. via the Kakao Stockholm message. In that sense, the Defendant would pay the principal and 5% of its monthly revenue if it invests funds to B,” respectively.
However, in fact, the Defendant did not have a special know-how that can continuously earn 5% or more of the profits from stock investment every month, and even if he did not own any assets, he did not have the ability to pay the profits so promised even if he received the investment from the damaged party. In addition, even if he received the money from the injured party under the name of the bilateral farm investment, he did not have the ability to pay the profits promised through the bilateral farm investment. Therefore, the Defendant did not have the ability to pay the profits that he promised to pay to the injured
As above, the Defendant: (a) by deceiving the victim; (b) received transfer of KRW 10 million from the victim’s corporate bank account (D) on October 1, 2015 to the Defendant’s corporate bank account; and (c) received KRW 252,00,000,000 from January 9, 2015 to February 5, 2016 from February 5, 2016, as indicated in the list of crimes in the attached Table, from the victim’s five members, as indicated in the list of crimes.
Accordingly, the defendant deceivings victims to take the property by deceiving them.
2. Any person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in the business of raising investments under an agreement to make payment of the total amount of investments or an amount in excess thereof to many and unspecified persons in the future without obtaining authorization or permission, or making registration or report, etc. under other Acts and