A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

【Criminal Records】 On November 15, 2018, the Defendant was sentenced to eight months of imprisonment for fraud to the Seoul Central District Court and is in progress in the appellate trial.

【Criminal fact-finding on August 10, 2017, the Defendant made a false statement to the victim B that “The Defendant would pay KRW 800,000 as interest per month of KRW 5 million, and return all investments after three months.”

However, even if the Defendant received money from the injured party as investment money, it was thought that it will be used for the Defendant’s shares investment, repayment of personal debts, and living expenses, so there was no intention or ability to repay the invested money and interest to the injured party.

On August 10, 2017, the Defendant, by deceiving the victim as such, received KRW 15 million from the Defendant’s corporate bank account (C) under the name of the Defendant’s name as investment money from the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Standard investment contract;

1. A detailed statement of withdrawal;

1. Application of Acts and subordinate statutes to a criminal investigation report (Presentation of Materials by an complainant);

1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the Defendant’s reason for sentencing of sentence of imprisonment is against the time when committing the instant crime.

However, the damages have not been paid up until now.

In light of the accused's deception method or the user of the deceptive money, the liability for the crime is not easy.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.