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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The Defendant is a person who served at the Daejeon Branch of Company D in Daejeon-gu, Daejeon, from August 1998 to March 15, 2017.
1. On December 28, 2016, the Defendant only intended to use the debt at the time to pay money from the injured party for living expenses or personal debt, etc. even if he/she received money from the injured party, and even if he/she did not have the intent or ability to deliver the invested money to the injured party, he/she may make profits by doing a stock transaction without setting up appropriate setting to make an investment in his/her name.
It will reduce 3 to 5% per month by investing shares, and will be liable if principal loss is incurred.
A false statement was made to the effect that it is “as soon as an investment bond is deposited as soon as it is required to purchase shares by entering the company,” and such statement was remitted 9.8 million won to the national bank account in the name of the defendant around 14:50 on the same day from the injured party.
2. On January 4, 2017, the Defendant: (a) at the Busan PB Center in Seo-gu Daejeon, Seo-gu, Daejeon; and (b) even if having received money from the injured party due to the circumstances described in paragraph 1, the Defendant intended to use the money for living expenses or personal debt repayment, etc.; and (c) did not have the intent or ability to deliver investment proceeds to the injured party, the Defendant is well aware of the movement because of the victim’s lack of the intent or ability to deliver investment proceeds.
The purpose of “Investment Ra” is to make a false statement to the effect that it was paid 10 million won to the national bank account in the name of the defendant on the same day from the victim.
As a result, the defendant deceivings the victim two times, and received a total of 19.8 million won from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements against Y;
1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, and parents’ family members with reasons for sentencing of sentence of imprisonment.