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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. On January 16, 2014, at the “E” juice shop operated by the victim D located in Seocho-gu Seoul Metropolitan Government (Seoul Seocho-gu Seoul Metropolitan Government 218), the Defendant would make a 5% profit per month to the victim.
“At the end of the day, the victim had the victim open the Samsung Securities Account in the name of the victim on the same day to deposit KRW 19 million, and then received the account and the securities card, etc. that can be withdrawn in cash from the victim, along with the passwords, from the victim, from May 27, 2014, from the time to May 27, 2014, the sum of KRW 340 million was transferred to the account designated by the Defendant, as shown in the list of crimes in the separate sheet of crimes.
However, in fact, the above F was a processed seal created by the Defendant in order to use the Defendant’s personal stock investment or living expenses by receiving money from the damaged party under the pretext of executing a stock investment agency. At the time, the Defendant did not have the intent or ability to pay profits to the victim through the stock investment because the Defendant still remains a debt of KRW 200 million under the bankruptcy.
Accordingly, the Defendant, as seen above, was given a delivery of KRW 344 million from the victim by deceiving the victim.
2. When the Defendant was required to establish joint and several suretys from D in preparing and delivering a certificate of borrowing the same investment money as that of the preceding paragraph to D who paid the same investment money, the Defendant was willing to enter the Defendant’s dependent G as the joint and several suretys.
The Defendant, around July 30, 2015, at the “I” coffee shop near Seocho-gu Seoul Metropolitan Government, “the total principal:30 million won, the due date for repayment for principal: August 14, 2015; the due date for repayment for principal amount of KRW 200 million: September 5, 2015; and the debtor A’s repayment date for principal amount of KRW 200 million: “Joint guarantor: G, resident registration number: J. :