Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On December 9, 2016, the Defendant explained that “The victim B and the victim C shall be converted into a company with D trading company within 1.5 million won upon investment, and 35% of the shares shall be transferred, and if certain conditions are met, 1.5 million won shall be guaranteed within one year,” and the Defendant drafted “the share transfer agreement between the victims and the victim”.
However, even if the defendant received investments from the victims, he/she did not have any intention or ability to guarantee the above profits within 1.5 million won by converting Dtrade companies into a stock company, transferring 35% of the shares, and performing cosmetics export business.
As above, the Defendant: (a) by deceiving the victims; and (b) around December 13, 2016, issued to the Chinese Central Bank Account (Account Number:F) of the Chinese Central Bank Account in the name of E, respectively, KRW 50,000 ( approximately KRW 83,885,00,000, respectively.
Accordingly, the defendant deceiving the victims and received a total of KRW 167,770,000 from the victims.
Summary of Evidence
1. The defendant's fourth oral statement;
1. Statements or records concerning G during the second examination of suspect;
1. Statement of the police statement related H;
1. Application of Acts and subordinate statutes to a written statement of a copy of the share transfer contract (Korean language board and Korean language board) of each trauma reading enterprise;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years.
3. One year (the total amount of damage is KRW 167,770,000 in total) imprisonment with prison labor for the decision of sentence (the total amount is not recovered from damage, the fact that the defendant recognized the facts charged and reflects the mistake, the age, character and conduct, etc. of the defendant).