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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. Around June 2011, the criminal defendant against the victim C made a false statement to the effect that “E” office located in the Busan High-gu Busan High-gu Busan High-ro (hereinafter referred to as “E”) would allocate profits to 5:5 in consideration of the rate of principal invested when investing money in exchange for domestic exchange transaction.”
However, even though the Defendant started foreign exchange transactions from April 201 to the time, the Defendant was in a state of loss of both 24 million won and 2 months in which the Defendant invested, and even if receiving money from the victim, there was no intention or ability to make an ordinary investment in foreign exchange transactions or distribute the profit.
On June 14, 201, the Defendant, by deceiving the victim as such, received KRW 117,420,000 in total from the victim until December 5, 2012, as indicated in the attached Table 1, a transfer of KRW 11,00,00 from the bank account under the name of the Defendant to the bank account in the name of the Defendant, for the purpose of investment deposit, from the victim.
2. On April 2012, the Defendant: (a) committed fraud against the Victim F at the said “E office” office, and (b) made a false statement to the Victim F (30 years of age) as described in the preceding paragraph.
However, the Defendant had no intent or ability to make a normal investment in foreign exchange transactions or distribute its profits, even if he received money from the victim, because the Defendant did not make an investment in the actual foreign exchange transactions by depositing the investment money received from the above C in the foreign exchange transaction account, withdrawing it again, dumping it as living expenses, etc.
Around April 20, 2012, the Defendant, by deceiving the victim as such, received 40 million won from the victim to the national bank account under the name of the Defendant under the name of the Defendant for the purpose of making an investment, and received, from September 13, 2012, a total of 140 million won from that time until September 13, 2012, from that time, as shown in attached Table 2.
3. Alteration of, or uttering of, private documents;