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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended between two and half years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. The Defendant’s fraud against the victim D, E, F, G, H, I, J, K, L, and M was issued KRW 206,00,000 from the date on July 25, 2014 to the victim D in total seven times in total, on the following grounds: “The victim D, E, G, H, I, K, K, L, and M, is engaged in the business of making profits through an auction. In the event of investment in this business, the amount equivalent to KRW 30,000 per month may be punished, and the principal shall also be repaid without any problem if the victim talks with a maximum amount of three days.”
However, the Defendant did not run the business of raising profits through an auction, and at that time, the Defendant was liable for a debt of KRW 0,000 or more with a house security loan, credit loan, etc., and the Defendant used most of the money received to pay his personal debt and received money from the damaged party by using the stock investment, and there was no intention or ability to pay the principal and the profits.
Accordingly, the Defendant, as such, was issued a total of KRW 440,00,000 under the name of the auction proceeds as shown in Annex A. A, including by deceiving the victim D and receiving KRW 206,00,000 from the victim.
2. The fraud of the victim N,O, P, and Q means that, around January 29, 2016, the Defendant made a false statement to the victim N by phone to the effect that, “The victim N, while managing shares in the domestic market, making investments therein by the surrounding people, would make every month to pay 10% of the monthly investment amount,” and that, from January 29, 2016, the Defendant would make investments to B.
8. Between 12.1 and 12. A total of KRW 66,00,000 was received from the injured party on 12 occasions.
However, the defendant did not have any intention or ability to pay profits to the victim by investing in the shares, such as using most of the received money in repaying his/her personal debt.
Accordingly, the defendant deceivings the victim N, and thereby, 66,00.