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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On October 25, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the Suwon District Court on December 27, 2012, and the judgment became final and conclusive on December 27, 2012.
1. On September 16, 2010, the Defendant committed the crime against the victim C at the non-cafeteria of the trade name located in the Young-gu, Young-gu, Young-gu, Young-gu, Chungcheongnam-gu, in order to make a false statement that “The victim C has the friendship of D who is going to a securities company and has a substantial ability to M&A.” The Defendant would leave 3-5 times profits within six months from investing money. The amount of investment made a false statement to “the remittance to the agricultural bank account of D.”
However, since D did not have been involved in M&A business as a defendant's wife, it did not have any intent or ability to pay the profit as agreed even if it received the money under the pretext of investment from the victim.
As above, the Defendant, by deceiving the victim, received 10,000,000 won from the victim’s account in the name of the Defendant’s wife on the same day from the victim’s wife on the same day, and took over total of 69,10,000 won throughout 11 times from May 30, 201, as shown in attached Table 1 of Crimes List 1.
2. Around September 2010, the Defendant committed the crime against the victim E at the cosmetic-dong, Young-gu, Young-gu, Young-gu, Magdong-dong, “The victim E is an affiliated company of the Hyundai Group and its losses in Gangnam-gu, Seoul. The amount of the investment is KRW 50 million, and if the amount of the investment is less than KRW 50 million, the principal and interest will be paid at a higher interest rate within 3 to 4 months. The money was transferred to the account of F, a person in charge of the ship company.”
However, there was no lack of investment amount due to the Defendant’s preemptive distribution with the affiliates of the Hyundai Group, and even if the Defendant borrowed money from the victim, there was no intention or ability to pay interest at a high interest rate, or to pay the principal.
The defendant deceivings the victim as above.