A defendant shall be punished by imprisonment for not more than ten months.

The defendant pays 39.5 million won to the applicant for compensation by fraud.

3.2

Punishment of the crime

[2015 Highest 3669] The Defendant committed an act of fund-raising without delay and was sentenced to a suspended sentence of ten-month imprisonment with labor for fraud, etc. at the Seoul Central District Court on October 11, 2007. Around December 2008, the Defendant was under a suspended sentence of two years. Around December 2008, even if the Defendant received investment money from the victim C, such as the accumulated amount of money in the process of investing in stocks with the fund-raising from others and the amount equal to KRW 200 million, he did not have any intent or ability to make a normal repayment within one month after investing in stocks.

Nevertheless, by deceiving the victim that he would be able to make a stock investment, the defendant would receive money from the victim to use it as repayment to the existing investors, living expenses of the defendant, etc.

Around December 18, 2008, the Defendant stated, “E cafeteria” located in Seongbuk-gu Seoul Metropolitan Government D, that “When investing in stocks, the Defendant shall guarantee 20% of the profits, and return the principal within one month” to the victim, and received KRW 23 million from the victim’s seat, and received KRW 3 million from the victim’s seat around December 19, 2008, and received KRW 4 million around December 28, 2008, and received KRW 9.5 million from the Defendant’s new bank account in the name of F on February 7, 2009.

Accordingly, the defendant deceivings the victim and obtains a total of 39.5 million won from the victim.

[2015 Highest 4370] The Defendant stated that the Defendant would make a stock investment in Gangnam-gu Seoul Metropolitan Government Office 103 on March 2008, that “If the Defendant lent KRW 50 million to the victim C, he would make a stock investment and make a profit, and then pay 15 million won as interest at every 30th day of the month.”

However, the Defendant was thought to use part of KRW 50 million received from the victim as a successful bid payment rather than a stock investment, and at the time, the Defendant was merely 20 million won per month the profits that the Defendant raised with the stock investment and the successful bid amount, and the Defendant was said to be 20 million won.