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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 11, 2010, the Defendant was sentenced to imprisonment of one year and six months at the Seoul Southern District Court for fraud and the judgment became final and conclusive on June 29, 2010.
On February 2, 2007, the Defendant presented the data on the USB to the victim C who became aware of the trade name in the near the 44th square region in Jongno-gu Seoul Jongno-gu, Jongno-gu, Seoul. Around February 2007, the Defendant presented it as a computer monitor at all times, and he would make an option investment to gain an average of KRW 40 million a day to KRW 50 million or KRW 50 million a day, and then, he would make a return to the victim by investing the money in private funds. If the Defendant makes an investment in the amount of KRW 20 million, he would pay the interest of KRW 5.8% at a fixed interest rate even if it is not high in market situation, and even if it is harsh, he would make an investment to the other party at all.”
However, in 2001, the Defendant became a bad credit holder due to the failure to invest in stocks and became a bad credit holder, and at the time, was thought to re-investment in the Defendant’s futures and options with the intent to cover investment loss without any special property, and thus, there was no intention or ability to guarantee the above profits or not to consider losses even if the Defendant received the investment money from the victim.
Nevertheless, the Defendant, as such, by deceiving the victim, received 43,00,000 won, including the sum of KRW 2,00,000,000 on March 5, 2007; KRW 2,00,000 on May 21, 2007; KRW 20,000,000 on June 4, 2007; and KRW 43,00,000,000 on June 29, 2007, as his mother’s bank account in the name of D.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Details of transactions, receipts, mail contents, cash storage certificates, text contents, and details of passbook transactions;
1. Previous convictions in judgment: Criminal records and investigation reports (Attachment to criminal records of the suspect's same kind of crimes);