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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. Around April 19, 2007, the victim G-related Defendant received KRW 31,760,000 on the same day from the victim and acquired KRW 31,760,000 on six occasions from the victim as shown in the attached Table of Crimes (1) from April 27, 2007, by means of a false statement to the effect that, although the Defendant did not engage in the bond business and was thought to use money as the Internet gambling funds by lending money from the victim, the Defendant did not intend to offer the principal and interest by the end of April if he/she has invested considerable interest in cash due to the issuance of real estate bonds for bond business.
2. On April 12, 2012, the victim I-related Defendant: (a) received money from the victim to make an investment in the real estate in Sejong-si, and the remainder was thought to be used as living expenses, etc.; (b) the victim I-related Defendant made a false statement to the effect that “I would make a transaction of unlisted stocks with high profitability; (c) make a transaction of unlisted stocks with low profitability; and (d) make a false statement to the effect that “I will leave the transaction profits if I make an investment in short of funds, I will leave the transaction profits; and (d) receive KRW 4,00,000 from the victim on the same day from the date to June 21, 2012; and (e) correct the date and time out of Nos. 2 as indicated in the separate crime list (2) from the date and time until June 21, 2012.”
In 46 times, 304,822,00 won was received from the victim and acquired through deception.
Summary of Evidence
1. Each prosecutor and police interrogation protocol of the accused;
1. Each police statement made to G and I;
1. Application of each statute on filing of a complaint;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;