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A defendant shall be punished by imprisonment for two years.
The application for compensation order filed by D, E, and F shall be dismissed respectively.
Reasons
Punishment of the crime
1. Around May 2012, the Defendant made a false statement to the victim E’s office near the H Station located in the Nam-gu Incheon Metropolitan City, stating that “B is the visiting business office of the Mz Securities, and if shares are sold on sale, 30 million won can be seen as profit in six months. On the other hand, this income is divided into 5:5. It does not absolute withdrawal of the invested amount, and it is intended to sell and purchase shares with prior consent.”
However, the facts are that the defendant was not the head of the visit business office, and even if he received an investment from the victim, he did not have the intention or ability to grant the profit.
Nevertheless, the Defendant received KRW 30 million from the victim on June 26, 2012, and KRW 20 million on August 15, 2012, from the victim, to the bank account of the victim who has the authorized certificate and security card, and voluntarily withdrawn money, respectively.
Accordingly, the defendant was given a total of KRW 50 million by deceiving the victim.
2. Around July 12, 2012, the Defendant made a false statement to the victim F that “I will visit a business office of the Mimz securities, which would have money deposited in the account. I would like to gather money. I would like to divide the profits into 5:5. I will divide the profits into 5:5.”
However, the facts are that the defendant was not the head of the visit business office, and even if he received an investment from the victim, he did not have the intention or ability to grant the profit.
Nevertheless, the Defendant, from July 18, 2012 to September 6, 2012, received cash 48 million won from the victim; shares equivalent to KRW 2 million at the market price around July 20, 2012; shares equivalent to KRW 14,608,905 at the market price around October 25, 2012; shares equivalent to KRW 14,608,905 at the market price around October 25, 2012; and shares deposited KRW 500,000 in cash to the bank account of the victim, which can be arbitrarily withdrawn from the money, from October 30, 2012.
In this respect, the defendant deceivings the victim, which is equivalent to the sum of 65,108,905 won.