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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On June 24, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Financial Investment Services and Capital Markets Act, etc. at the Seoul Central District Court, and completed the execution of the sentence on October 9, 2016.
【Criminal Facts】
1. On February 8, 2017, the criminal defendant against the victim B made a false statement to the victim B, stating that “I would pay the money if I would like to lend money to the victim B, because I would have attached KRW 1.5 billion to the passbook within the money and will be released immediately.”
However, there was no deposit or seizure of KRW 1.5 billion in the defendant's account, other than that, the defendant did not have any particular property, and even if he borrowed money from the victim due to lack of certain occupation or income, there was no intention or ability to pay the money.
As above, the Defendant, by deceiving the victim, received KRW 50,00 from the victim on February 9, 2017 under the pretext of borrowing money from the victim on February 18:23, 2017, and received KRW 50,000 from the bank account (Account Number:D) in the name of the Defendant, and received KRW 3,212,00 in total nine times from around that time to March 14:50, 2017, as shown in the attached Table 1 List of Crimes.
2. Around March 1, 2017, the criminal defendant against the victim E made a false statement to the victim E in front of the logistics warehouse in Yangju-si F, stating, “A person who has at least KRW 3 billion in a passbook within the payment, and at least KRW 1.5 billion is seized.” If a person lends money, he/she would make an investment and loan of KRW 50 million in the business run by the seizure pool and lend money to the victim E.”
However, in fact, there was no deposit of KRW 3 billion in the defendant's account or no seizure of KRW 1.5 billion, and the defendant did not have any particular property, and even if he borrowed money from the victim due to no certain occupation or income, there was no intention or ability to pay the money, and there was no intention or ability to invest in the victim's business.
As above, the Defendant deceivings the victim as above, and borrowed money from the victim on March 1, 2017.