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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On July 13, 2017, the criminal defendant against the victim B made a false statement that “The victim B will engage in Category B business, supply the D company E plant with an investment of KRW 50,000,000,000,000,000 per month, and pay the principal after two years.”
However, there was no fact that the defendant supplied to the E plant of the D company, and there was no intention or ability to pay the agreed profits to the victim even if he received the investment funds from the victim, because he thought that the defendant would be able to consume the investment funds in the form of living expenses, etc. and return other investment funds.
Nevertheless, on July 13, 2017, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the Nonghyup Bank account in the name of the Defendant, and received KRW 50 million from July 13, 2017 to August 13, 2018, and acquired KRW 150 million in total on four occasions, such as the attached Table 1, from July 13, 2017 to August 13, 2018.
2. Around December 30, 2016, the Defendant against the victim F made a false statement to the victim F that “The Defendant supplied the victim F with the meat factory, such as G, E, and D,” and that if he/she invests KRW 50 million in the domestic and domestic factory, he/she would make a monthly profit of KRW 2 million and repay the principal after two years.”
However, there was no fact that the Defendant supplied D companies, G factories, etc., and there was no intention or ability to pay the agreed profits to the victim even if the Defendant received the investment funds from D companies, G factories, etc., and thought that the Defendant consumed the investment funds as living expenses, etc. and used other investment funds in the form of return.
Nevertheless, the Defendant, as seen above, deceiving the victim, and then, took over KRW 50 million from the victim’s spouse to the H bank account in the name of the Defendant’s spouse on December 30, 2016, and received KRW 50 million from December 30, 2016.