Text
A defendant shall be punished by imprisonment for three years.
However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment became final and conclusive.
(e).
Reasons
Punishment of the crime
On October 20, 2008, the Defendant would pay profits to the victim I who had engaged in agricultural products distribution business in the name of “H” at the time of the G Agricultural Partnership Office located in the G Agricultural Partnership Office F at Seoyang-si on October 20, 2008.
“A false representation was made.”
However, the Defendant was thought to use all the money received from the victims to repay the principal and interest of the bonds to J, a unregistered credit service provider.
Nevertheless, on November 24, 2009, the Defendant: (a) by deceiving the victim as above; (b) received KRW 5,000,000 from the victim to the post office account under the name of the Defendant on November 24, 2009; and (c) received from then on March 21, 2012 the total sum of KRW 8,236,910,100 from the victim as described in attached Table 1, and acquired it by deceit.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to K in the police statement;
1. The K's statement;
1. Application of Acts and subordinate statutes to a copy of the 2 billion investment repayment agreement ( February 27, 2012), a copy of the 2 billion investment payment agreement ( November 30, 201), a copy of the 2 billion investment and reimbursement agreement ( May 19, 2009), a copy of the 200 billion investment and reimbursement agreement ( May 19, 2009), a plan for purchase and sale, and each transaction statement.
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act (comprehensively, choice of imprisonment with prison labor for a limited term);
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):
1. Imprisonment with prison labor for not less than two years and not more than 6 months but not more than 15 years, of a prison term of law;
2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines (the amount of five billion won or more, or the amount of thirty billion won or less) (the amount of special sentencing] the punishment is not granted or a significant damage has been recovered (the scope of the recommended punishment] the imprisonment with prison labor for not less than three years but not more than six years (the area of mitigation);
3. Determination of sentence: