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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On August 14, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Financial Investment Services and Capital Markets Act at the Daegu District Court, which became final and conclusive on August 22, 2013.
The Defendant is the victim C in Daegu Suwon-gu, a branch office, who worked from October 2012 to July 2013 as a member at Diona branch office Co., Ltd. (the head of the branch office).
1. On December 27, 2012, the Defendant made a false statement to the victim at the office of the said D Co., Ltd., stating that “A loan of KRW 10,000,000,000,000,000 is to be paid to the victim with a business that is difficult to live.”
However, the defendant had no business performance at the time of insurance, and even if he/she borrowed money from the victim due to no special property, he/she did not have an intention or ability to repay it.
As above, the Defendant, by deceiving the victim and deceiving the victim from the victim, obtained KRW 3 million from the national bank account in the name of the Defendant’s wife E on the same day, and acquired KRW 5 million from the same account on January 5, 2013, and acquired KRW 8 million in total.
2. On March 7, 2013, the Defendant borrowed 5,600,000 won from the Defendant’s office to the Defendant “around 7, 2013.”
However, the defendant had no business performance at the time of insurance, and even if he/she borrowed money from the victim due to no special property, he/she did not have an intention or ability to repay it.
As above, the Defendant, by deceiving the victim, received 5.6 million won from the victim to the Defendant’s Samsung Securities Account in the name of the Defendant’s wife E on the same day.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement C in the second interrogation protocol of the defendant against the defendant at the police;
1. Statement to C by the police;
1. Application of statutes on details of financial transactions;
1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the relevant criminal facts and the selection of punishment;