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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. Around July 201, the Defendant stated that “Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Aggravated Punishment, etc.”) provided the victim O or the victim with the following purport: “Around July 2011, the Defendant would make a profit equivalent to the fees by providing the so-called “credit guarantee substitute exchange business” that allows the person who has been granted credit loans in the second financial right to repay the existing loans and get the additional loans to the person who has been granted credit loans in the second financial right; however, when investing in the business, the Defendant would pay the existing loans to the customer
Accordingly, the Defendant paid the amount equivalent to interest to the victim if he gets profits from the money received from the victim through the exchange business as above. On March 2013, 2013, the Defendant discontinued its business as it was impossible to obtain profits from the exchange of credit guarantee, and the profits from the newly launched real estate loan business was incurred only by the personal debt amounting to 200 million won or more from D, etc. without obtaining almost little profits, while there was no special income or property.
The above facts are as follows: (a) from March 8, 2013 to December 13, 2013, the Defendant: (b) had not been engaged in credit repayment business; (c) had been planned to use the investment money from the victim for repayment of personal debt; and (d) had no intent or ability to repay the principal and interest of the victim; (c) had the victim induced the victim as if he/she continued to use the money received from the victim for credit guarantee substitution; and (d) had been transferred from March 8, 2013 to December 13 of the same year the sum of KRW 610,500,000 in total from March 24, 2013 to December 13, 2013 as shown in the
Accordingly, the Defendant, by deceiving the victim, received the above 610,500,000 won from the victim.
2. Fraud.