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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
[Criminal Justice] On January 13, 2009, the Defendant was sentenced to imprisonment with prison labor and six months for fraud at the Daegu District Court on January 13, 2009, and completed the execution of the sentence in the Daegu Prison on October 15, 2009.
[Criminal Facts 【2012 Highest 5218】
1. Around 18:00 on October 23, 2009, the Defendant made a false statement to the victim D that “The Defendant would introduce 12.5 million won as an advance under the name of the victim D, to four female employees necessary for the operation of the multilateral bank.”
However, as the defendant thought that he will receive money from the victim to use it for personal debt repayment, there was no intention or ability to introduce four female employees even if he received the above money from the victim.
Nevertheless, the Defendant received KRW 12,50,000,000 from the victim, on October 23, 2009, a total of KRW 500,000,000 from the Defendant’s account under the name of the Defendant, such as remittance of KRW 150,000,000 around October 24, 200, and KRW 10,550,000 around the 26th day of the same month, under the pretext of the prepaid and introduction
2. On March 1, 2011, the Defendant: (a) reported an advertisement that the Defendant reported on the content that the Defendant would seek a business partner of a multi-company employee’s job seeking who was posted in the rice market’s daily advertisement in the Daegu Suwon-gu Officetel, and falsely stated to the effect that “The Defendant supplied female employees from 10 years to 10,000 nationwide; and (b) received an additional KRW 1 million per case from the owner of the business. If an employee continues to engage in a job, he/she shall receive an additional amount of KRW 1 million from the owner of the business every month. If an employee makes an investment, he/she shall be paid KRW 3 million as monthly salary, KRW 6 million as interest, and KRW 500,000 as an academic allowance for two months; and thereafter, 50% of the profits thereafter.”
However, in fact, the defendant thought that he will use the money for personal debt by receiving the money from the victim, so even if he received the above money from the victim, he did not have the intention or ability to operate the fee placement service with the victim.
Nevertheless, the Defendant is above.