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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On December 14, 2012, the Defendant was sentenced to one year of imprisonment for fraud at the Daegu District Court, which became final and conclusive on April 12, 2013.
The defendant is a person who has worked as the director at C branch.
On May 2007, the Defendant made a false statement to the victim D, “I will give 1/3 of the profit by guaranteeing the principal when making an investment and making an investment as E, such as E having made an investment.”
However, the Defendant did not have any intent or ability to guarantee the principal and to reduce profits even if the Defendant received the investment from the victim, such as that the investment in futures is likely to incur loss at any time, and the amount of the investment is used for some personal purposes.
Nevertheless, on May 16, 2007, the Defendant received 20 million won from the victim's Daegu Bank account under the name of the Defendant on May 16, 2007, under the pretext of investment money.
In addition, from May 16, 2007 to September 3, 2007, the Defendant received the remittance of KRW 140,000,000 as investment money for a total of four times in the same manner as shown in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. A complaint;
1. Certification of details of deposits and transactions;
1. Previous convictions in judgment: Application of Acts and subordinate statutes of inquiry reports and investigation reports (the text of a judgment and attachment of personal identification and confinement status);
1. Article 347 (1) of the Criminal Act by universal title with respect to the relevant criminal facts;
1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act that the Defendant, by taking advantage of his/her working position in a securities company, acquired money under the name of investment amounting to KRW 140 million and whose damage has not been recovered is recognized as the reason for sentencing unfavorable to the Defendant.
On the other hand, the defendant has divided his wrongs, and the victim has paid 3,3760,000 won as profits and principal.