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Defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Punishment of the crime
1. On June 30, 2014, the Defendant: (a) around June 27, 2014, at the mutual infinite restaurant located in the Dongjak-gu Seoul Metropolitan Government Sadong-dong, the Defendant made an investment in stocks with two experts, and continues to pay profits therefrom.
The investment will be made by increasing profits and guaranteeing the principal even if the loss is incurred.
“False speech” was made.
However, in fact, the Defendant did not make a stock investment in 15 billion won, and was continuously reported losses due to the stock investment, and was expected to use a significant portion of the investment amount to be paid by the victimized person for personal purposes, such as repayment of debt, etc., so there was no intention or ability to pay profits to the injured person or to guarantee the principal of the investment.
Nevertheless, on June 30, 2014, the Defendant received 40 million won from the damaged person to the national bank account (D) in the name of the Defendant under the name of the victimized person for the purpose of making an investment.
2. On January 19, 2015, and January 20, 2015, the Defendant, on January 17, 2015, phone called to the said victim at an influent place on January 17, 2015, with the amount of KRW 40 million invested at a time, was 50% of profits.
At present, this year made a false investment in addition to investments HDD.
However, the Defendant had continuously reported losses due to stock investment and was scheduled to use a significant portion of the investment amount to be paid by the victimized person for personal purposes, such as repayment of debts, etc., so there was no intent or ability to pay profits to the injured person or to guarantee principal of the investment.
Nevertheless, on January 19, 2015 and January 20, 2015, the Defendant received from the injured party a total of KRW 20 million from the above national bank account in the name of the Defendant under the name of the said national bank account on the pretext of investment money through two occasions.
3. On February 1, 2016 and February 26, 2016, the fraud Defendant made an investment so far by phone to the above victim at a place in a fire on January 29, 2016.