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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On January 24, 2014, the Defendant was sentenced to a suspended sentence of two years in the Seoul Western District Court for fraud. The above judgment became final and conclusive on February 4, 2014.
On August 30, 2013, the Defendant, at the 2nd floor office in Jung-gu, Jung-gu, Seoul, called, “I will return the principal and profits remaining for 10% or more of the profits per month after having become aware of the fact that I would return to B the money that I have to make a profit without loss of principal by investing in shares.”
However, in fact, the Defendant did not have any particular information on the shares, such as not having much experience in investing in the shares, and there was no personal relative relationship with the Defendant, and even if having received money from another person, there was no intention or ability to pay more than an average of 10% of the shares as a result of investing in the shares, even if he did not receive money from the victim.
As such, the Defendant, by deceiving the victim as such, received KRW 8 million from the victim to the account of community credit cooperatives under the name of the Defendant on the same day, and received KRW 10 million on October 1 of the same year, additionally transferred KRW 20 million on October 30 of the same year, and received KRW 20 million on three occasions on April 24, 2012 through December 12, 2013, as shown in the list of crimes in the attached Table: Provided, That the phrase “ September 28, 2013” in No. 15 appears to be read as “ September 28, 2012”, and thus, it is corrected and recognized as “ September 28, 2012”.
The five victims received 10 million won in total under the name of stock investment, loan, etc. in 33 times.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statements made to C, D, E, F, and G;
1. Article 347 (1) 1 of the Criminal Act of the corresponding Article of the Criminal Act concerning the crime.