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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[The Defendant, without any special occupation, conspiredd to obtain money from the victim by making a false statement to the effect that he/she is a person who works in a rosher to handle “specified Articles” (such as U.S. bonds, USDs, gold bars, checks, and 50,00 won paper) without a specific occupation, and who is an unspecified number of persons, and is in the role of receiving money from the victim by using a false statement to the effect that he/she is “it is possible to dispose of the funds managed by the F Group G Chairperson of the F Group G,” and that he/she was in the role of receiving money from the victim in color of “investors”, the Defendant was in the role of giving money, the role of connecting the above E with the accomplice, and D was in the role of delivering the “specified Articles.”
【Criminal Facts】
D A introduced the Defendant to C, and the Defendant sent it to C as it is, “F Group G G Chairperson may have an assistant for non-funded checks, which he/she has a living together with C,” and C delivered it to E.
Accordingly, in September 2012, E, through K, shows the victim L(53 years of age) (E is expected to hold a large quantity of gold bars and distribute them in Korea. In addition, F Group’s secret funds may be disposed of within the radius. It would be KRW 65 million after the date of investment. The false statement that “an amount of KRW 45 million is one million U.S. bond as security for investment funds.” The F Group’s secret claim was forged, which was received from C, was presented.
However, in fact, E did not hold gold bars, and was forged in the U.S. bonds with one million dubl, and the Defendant and his accomplice did not hold the F Group's non-funds, so there was no intention or ability to pay the principal and interest of the investment to the victim.
Nevertheless, E, as above, induces the victim and receives KRW 45 million in total from September 25, 2012 to the new bank account under the name of the JJJ from the victim, and received KRW 45 million in total, including KRW 4.5 million on October 30, 2012 and KRW 45 million on October 30, 2012.