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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Justice] On June 14, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Northern District Court, which became final and conclusive on October 11, 2013.
[205] On December 27, 2012, the Defendant: (a) stated that “The victim F, who was a east-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si (hereinafter “E elementary school”) was a major shareholder holding at least 10% of the shares of Korea-do Construction Corporation; (b) is urgently required to maintain the location of the major shareholder; and (c) may be informed that he/she would be able to receive money; (d) he/she may receive a loan; and (e) he/she may receive a loan; and (e) he/she may lend the shares of Korea-do Construction Corporation to the major shareholder who continues to maintain the position of the major shareholder and receive dividends on the lower order of February each year.”
However, the defendant did not hold the shares of Hanra Construction, and was thought to make a gift investment in money borrowed from the victim.
The Defendant received KRW 7.8 million from the victim on December 31, 2012; KRW 5 million on January 2, 2013; KRW 2 million on January 3, 2013; KRW 16.8 million on January 8, 2013; and KRW 16.8 million on January 9, 2013.
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
[2013 Highest 2516] The Defendant had no fixed income as a university student. The Defendant had already invested shares in the existing investors’ investment funds, and had already been liable for approximately KRW 210 million to the said investors. Accordingly, on November 1, 2012, the Seoul Northern District Court was not detained as a crime of fraud against the existing investors and was pending in the trial, and thus, it is difficult for the victims to pay the principal and the profits to the existing investors by using the said funds, and thus, the victims are agreed.