Imprisonment with prison labor for the crimes of Nos. 2, 6, and 7 in the judgment of the defendant, for 6 months, for the crimes of No. 1, 3, 4, 5, 8, and 9 in the judgment of the defendant.

Punishment of the crime

On November 20, 2008, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul Southern District Court on July 6, 2009, and the judgment became final and conclusive on July 6, 2009, terminated the execution of the sentence at the Suwon Detention Center on March 14, 2010.

On May 17, 2010, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment with prison labor at the Suwon District Court for fraud, and the said judgment was finalized on the 25th of the same month. On December 24, 2010, the Seoul Southern District Court sentenced the suspended sentence of 10 months of imprisonment with prison labor at the Seoul Southern District Court for fraud, etc., and on January 1, 2011, the said judgment became final and conclusive.

[2013 Highest 2505]

1. On October 22, 2010, the Defendant told the victim D to “I will bring the maximum amount of KRW 100 million from the end of March, 2011, prior to the point of marketation of KRB Industrial Bank (1726-5), Korea, Sinsi-dong 1726-5, “I will bring the victim D with a big loss in the transaction of futures options. At present, deposit money of KRW 4 billion is 4 billion, and profitability is good for the transaction of futures options. I will bring the profits of KRW 100 million up to the end of March 201.”

However, there was no fact that the Defendant deposited 4 billion won as a deposit money, and there was no other property, and there was no possibility of making profits from futures investment, and there was no intention or ability to reduce the profits that the Defendant promised to make by immediately consuming part of the investment principal received from the victim for personal use.

The Defendant, as above, made a false statement to the victim, and acquired it by defrauded from the victim on seven occasions in total on the pretext of the futures option investment money, as shown in the attached Table of Crimes, from November 29, 201 to January 27, 2011.

[Judgment of the court below]

2. On February 14, 2008, the Defendant extended KRW 15 million to the victim E (the 44 years of age) at the “G real estate office located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-do.” (hereinafter referred to as “G real estate office”) to the victim E (the 30 million old-gu) at the market price within which he was registered as a land-in vehicle in the rental car company.