Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On October 10, 2018, the Defendant made a false statement to the effect that “The Defendant is making equity investment in which the principal is guaranteed, and 10% per day may be earned.” (b) In reliance on the investment, the Defendant made a false statement to the effect that “I will deposit the daily revenue.”
However, the Defendant did not make a stock investment, and there was no particular property or fixed income, and there was an idea that the Defendant would use the investment funds received from the victim as the private sports soil and entertainment funds and living expenses, so even if receiving the investment funds, there was no intention or ability to return the principal amount or to pay the proceeds promised by investing in the stocks.
Nevertheless, on October 12, 2018, the Defendant, by deceiving the victim as above, received KRW 2,00,000 from the Defendant’s D Association Deposit Account (E) around October 12, 2018 to the victim, and acquired the money by deceiving KRW 35,00,000 from that time through December 13, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Details of the transfer of victims to the F Bank, records of the adjustment of victims' damages, and records of the transfer to the G Bank;
1. Results of the execution of warrants issued by the Association (E);
1. Application of Acts and subordinate statutes to a criminal investigation report (to attach a Kakao Stockholm message sent by a suspect), victim Kakao Stockholm photographs;
1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act that prescribes the applicable criminal facts, the reasons for sentencing choice of imprisonment with prison labor;
1. Scope of punishment by law: One month to ten years;
2. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of fraudulent crimes [type 1] and there is no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendations and recommendations]. The basic area of recommendations, six months to one year and six months.
3. The offense is bad in light of the details and methods of the judgment of sentence, and the defendant is the victim;