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Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[Criminal Records] On April 19, 2018, the Defendant was sentenced to a two-year suspended sentence for six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Central District Court on April 19, 2018, and the judgment became final and conclusive on April 27, 2018.
[Criminal facts] The Defendant: (a) around May 2010, at the mutual infinite restaurant located in Goyang-do, Gyeonggi-do around May 2010, the victim B had “it has been legally operating the domestic corporate bonds business; and (b) the amount of the invested money was KRW 1.8 billion and the invested money was at least KRW 1.2 billion and its capital is at least KRW 3 billion. billion.
The lender may return the money by one of the investors' request to return 300 million won rapidly, and if the capital is used for the loan and there is no ability to do so, all of the money will be repaid within several months.
The phrase “ makes a false statement.”
However, the Defendant was operating the bond business without registering the loan business, and the amount paid by the injured party is thought to be used as personal debt repayment, living expenses, or other corporate bonds payment, etc., so there was no intention or ability to repay the above amount even if borrowed from the injured party.
Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 150 million from the victim, to the national bank account under the name of the Defendant’s wife C on May 13, 2010, from the victim, and acquired KRW 284 million in total by remitting KRW 17.18 million on June 17, 2010, KRW 30 million on July 9, 2010, KRW 6 million on the part of the Defendant, and KRW 184 million on August 17, 2010.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police with regard to B;
1. Details of remittance, certificate of borrowed money or certificate of interest payment;
1. A criminal investigation report (D telephone conversations for a witness) and a criminal investigation report ( telephone conversations for a complainant);
1. A report on investigation (the publication of real estate for provisional seizure and confirmation of a land use plan), details of individual published land prices, and details of a land use plan;
1. Details of each entry and withdrawal, and investigation reports (verification of details of passbook transactions);
1. Previous offense: