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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. On October 2007, when the Defendant came to know of the victim C that he had become a guest to the Class B golf course located in Jeju around October 2007, the Defendant did not have the intent or ability to deliver the said investment and profit to the victim because, even if he received money from the victim under the pretext of investing in the asset management company, the Defendant did not make any investment in the asset management company but intended to use it personally.
On January 23, 2008, the Defendant: “The head of the branch office of the company specializing in asset management; the wife is an English instructor and his parent is a parent, who will pay interest of KRW 3.6 million in a year and pay the principal to the victim.” On January 23, 2008, the Defendant received KRW 13.95 million in total from the victim’s Samsung Securities CMA account (Account Number E) in the name of the Defendant on the same day, and acquired KRW 19.455 million in total by remitting KRW 55 million on January 24, 2008.
B. On March 12, 2008, the Defendant offered No. 1-A to the victim by telephone.
The false statement that it will make an investment in the same manner as in the same paragraph was received 10 million won from the victim to the new bank account (Account Number F) in the name of the defendant on the same day.
C. On May 26, 2008, the Defendant offered No. 1-A to the victim by telephone.
The false statement that it will make an investment in the same way as in the same manner as in the same paragraph was received from the victim a total of KRW 20 million from the victim to the same account in the name of the defendant on the same day, KRW 4 million to the same account on May 27, 2008, and KRW 4 million to the same account on May 30, 2008.
2. On August 27, 2008, the Defendant was not able to return 4,9450,000 won received from the victim to the victim due to his/her own living expenses, etc. In light of the fact that the Defendant was a person with bad credit standing around 200 and did not have any special income.