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A defendant shall be punished by imprisonment for not less than one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2015 Highest 1818] On August 2014, the Defendant stated that “A victim D, working as a Defendant’s accounting staff at the Defendant’s office located in Seo-gu Seoul Building 2005, Seo-gu, Daejeon, Seo-gu, Seoul, would engage in a business of importing golf loans, receiving objects arising from the problem in the Busan Customs, and going to go to the middle, several times the invested money.”
However, there was no fact that the defendant imported golf loans, and there was no way to sell them and to get profits from them.
Nevertheless, the Defendant made a false statement to the victim as above, and received a total of KRW 15 million from the victim on three occasions as investment money on August 19, 2014 from the victim to the account of community credit cooperatives (Account Number: E) in the name of the Defendant. From around that time to October 21, 2014, the Defendant acquired money by remitting KRW 135 million in total on 24 occasions as shown in the attached Table, such as golf revenue or bill discount fees.
[2015 Highest 207] On February 13, 2015, the Defendant made a false statement to the victim F that “If the Defendant invests KRW 100 million in a business that sells golf bonds seized at a customs house by bidding to cover up them, the Defendant will return KRW 150 million after 10 days thereafter.”
However, even if the defendant received money from the victim, he did not have the intention or ability to return the amount of KRW 150 million to the victim because he did not have any intent to invest in the golf-backed business.
On February 16, 2015, the Defendant issued a cashier’s checks of KRW 10 million and KRW 50 million from the victim’s office.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D or F;
1. Details of transactions of entry and withdrawal, and details of account transactions;
1.Each.