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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. From October 5, 201, the Defendant involved in the investment deposit, the Defendant made a false statement to the victim C that “The Defendant would return the remainder of the profits and the principal to the Plaintiff with the payment of profits by either making a stock investment in the principal of the investment deposit or lending money in high interest (10% interest on the 20th day) to the insurance solicitor.”
However, in fact, the Defendant did not have the ability to guarantee profits through stock investment because there are many stock investment experience or know-how, and did not intend to make profits by using the money received from the victim as earnings to other investors, such as D who received investment money under the same conditions as the victim, or by lending the above money to the insurance solicitors, and there was no intention to make profits by lending it to the above money to the insurance solicitors. The Defendant did not have any intention or ability to reduce the agreed profits and principal to the victim, such as re-deposit the money received from the victim into the proceeds of transfer.
As above, the Defendant, by deceiving the victim as above, received KRW 6,00,000 from the victim’s national bank account (F) in the name of E on October 5, 201 to transfer KRW 6,00,000 as stock investment money, and around that time, received delivery of KRW 101,221,000 in total over 14 times from that time to November 26, 2012, as shown in Appendix I.
2. From November 201, the Defendant began to operate 20,000 won per month the 15 community members, including the victim C, from around November 201 to the 15 community members including the victim C. The victim paid 2,00,000 won per month to the two community units.
The defendant, around September 2012, when the victim left the order of KRW 20 million, the defendant converted the amount of KRW 20 million to the amount of investment.
Until now, money has been given to insurance solicitors.