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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 punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Attachment 2012 Highest 2316]
1. On March 26, 2006, the Defendant: (a) was delegated with the authority to establish Korean FF Schools; (b) was supported by the Korean Government from 50% to 70% with respect to construction costs; and (c) the remainder is appropriated from the FF Bank in the name of the Chinese Government for the FF Bank; (b) the head of the headquarters for the management of the business and use half of profits of the business for the missionary work; and (c) was paid with the principal and dividends in the remaining half of the investment from the victims believed to believe to be the national bank account in the name of G on March 27, 2006; (d) KRW 10 million with the national bank account in the name of H on March 29, 2006 to the national bank account in the name of H; (e) KRW 10 million with the national bank account in the name of the Korean Government; and (e) KRW 10 million with the national bank account in the name of the national bank; and (e) KRW 16 million with the national bank account in the name of G account.
However, the Defendant did not have the ability to obtain authorization from the above FF school. On March 27, 2006, the Defendant transferred KRW 50,063,609 out of the money remitted to the account in the name of L, and KRW 12,300,000 to the account in the name of M M, and used it for the repayment of loans received from H to the account of H. At the time, the Defendant had no intent or ability to pay the principal and dividends by investing in the establishment of the FF school in a normal manner even if he received the above money from the victim, such as there was no economic ability to refund the investment money to the victim.
Accordingly, the defendant deceivings the victim and defrauds the above KRW 172.9 million.
2. Any person who intends to conduct a business of foreign exchange such as payment, collection and receipt between the Republic of Korea and a foreign country in violation of the Foreign Exchange Transactions Act shall be equipped with capital, facilities and expert manpower necessary for conducting a business of foreign exchange;