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SECTION 1, 60, 100, 100, 200, 20
3. Each of the crimes shall be punished by imprisonment for not more than six months;
Reasons
Punishment of the crime
On July 9, 2015, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for six months at the Seoul Central District Court for fraud, and on July 17, 2015, the said judgment became final and conclusive.
1. The Defendant, “2016 Highest 8596,” did not have any intent or ability to pay monthly investments equivalent to 15% of the investments, even if he/she received investments from the victim D, because the funds necessary to operate the game room were insufficient, and even if he/she made investments in the game room, he/she could not expect the profits of the game room.
Nevertheless, at the office located in Gangnam-gu Seoul E building 204 on September 2015, the Defendant: “The Defendant is the representative of F Company F, a company operating a game forum with the government of the Switzerland; if the Defendant made an investment in the game room business operated in the Switzerland, he/she can obtain profit twice the amount of investment; and it will guarantee monthly profit equivalent to 15% of the amount of investment.
“A false statement” was made.
Around November 9, 2015, the Defendant: (a) by deceiving the victim as above; (b) received 5.2 million won from the victim to the post office deposit account in the name of the Defendant; and (c) received the remittance of 5.2 million won under the name of investment; (d) around that time, from around December 12, 2015 to around December 12, 2015, a sum of KRW 4,238,000,000 as investment money was transferred on seven occasions as shown in the
2. The Defendant “2017 Highest 919,” among April 2015, 2015, at an infinite office located in the Dong-dong, Dongjak-gu, Seoul, and the Victim G, “The principal shall be repaid after one month, and the principal shall be 10% of the monthly income from two months.
“.........”
However, in fact, the Defendant did not have any intention or ability to repay the principal and make profits after the month, even if he received the investment from the injured party, since the Defendant failed to prepare funds for business operation.
Defendant 1 on April 13, 2015, by deceiving the victim as above, and deceiving the victim, around 1.