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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant was working for “D”, a company that receives investment from many unspecified persons and raises funds.
1. Around April 2014, when the representative of the “D”, in which the Defendant was employed, had a loss of investment due to lockeding, etc. with the investment money, and the Defendant was unable to pay interest or profit to the investors attracting, the Defendant was able to obtain money from the Defendant’s son F of the Victim E who was friendly job offering, with the intent to acquire money from the Defendant for the purpose of investment money.
On May 1, 2014, the Defendant: (a) at the Gangnam-gu Seoul Metropolitan Government G G on the first and second day, at the time, was unable to make a normal investment; (b) at the time, the Defendant could not pay interest or profits to the existing investors retained by the Defendant due to investment losses; and (c) even if the Defendant was unable to pay such investment from the existing investors, it was paid to the victim for the payment of interest, etc. accrued to the existing investors; (d) so, the Defendant did not have the intent or ability to pay such profits to the victims, the Defendant, despite being unaware of such fact, may obtain the victim’s consent to the investment company by the mother; and (e) by making an investment in the company, the Defendant may obtain a high profit of between 7 and 15 percent per month.
In particular, there is no need to see about the safe investment goods that are provided as security through the principal guarantee type, and the mother is a safe product of an investment company where the mother is not a third party and makes an investment because it is able to pay the profit by managing it directly.”
Around May 9, 2014, the Defendant deceivings the victim as such, and up to September 22, 2014, issued a new bank account under the name of the Defendant (J) around August 11, 2014, with the amount of KRW 40 million in the said E’s foreign exchange bank account (I), KRW 10 million in the name of the Defendant, and the said bank under the name of the Defendant around September 22, 2014.