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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On August 25, 2011, the Defendant made a false statement to the victim D at an unsound place on August 25, 2011 that “If he/she has been in office as an E-investment adviser and lends money, he/she would pay the principal to the victim 1,400,000 won per month during which he/she received profits from the investment of stocks, and pay the principal within three months.”
However, the facts are as follows: (a) from around 2010 to August 2011, the Defendant only performed an act related to the sale and purchase of shares from the (ju) E E store and did not work as E-investment adviser; and (b) even if the Defendant borrowed money from the victim because there was no particular property other than 12 million won, there was no intention or ability to pay the money.
The Defendant received 38.6 million won from the victim’s seat to the EMA account (F) in the name of the Defendant.
Accordingly, the defendant was given property from the victim by deceiving the victim.
2. On May 10, 2012 and May 30, 2012, the Defendant: (a) made a false statement to the victim D that “I think that I will work together with the applicable sentences to the victim D, and that I will pay the principal by June 30, 2013 when I lent KRW 50 million with the opening capital. If I lent KRW 30 million with the opening capital, I would pay 30% interest per annum and pay the principal by June 30, 2013.”
However, even if the defendant received the money from the victim, he did not have the intent or ability to use the money as an individual stock investment, and did not have the intention or ability to use it as an opening of the main office, and even if the defendant borrowed the money from the victim because there was no particular property other than 12 million won, there was no intention or ability to repay the money.
The Defendant received KRW 50 million from the victim’s bank account (G) in the name of the Defendant on May 10, 2012 and KRW 50 million on two occasions, including KRW 40 million on May 10, 201 and KRW 10 million on May 30, 2012.
Accordingly, the defendant was given property by deceiving the victim.
(i) the evidence;