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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
(Criminal Power) On April 29, 2019, the Defendant was sentenced to a suspended sentence of two years for a period of six (6) months of imprisonment for fraud in the branch court of Suwon District Court. The said judgment became final and conclusive on November 12, 2019.
(Criminal Facts) The defendant is a person operating a credit rating company B, and the victim C is a person operating the credit rating company D.
1. On April 1, 2018, the Defendant displayed the Defendant’s photograph of “ smart arms” product from the 11st century of the Gangnam-gu Seoul E building building, which is located in the 11st century, to the victim, stating that the Defendant purchased such product at a price of about 1/3 of the fixed price for young children. In making an investment, the Defendant purchased such product and sold it at the time of a children’s event on May 5, 2018, and then transferred KRW 65 million from the victim to the Agricultural Cooperative account in the name of the Korea Development Bank (Account Number :F) in the name of the Korea Development Bank in the name of the victim.
However, in fact, the Defendant was expected to use most of the money received from the victim for personal liability or operating expenses in the circumstance that not only did not have any customer who had sold “ smart arms” but also did not have any intention or ability to pay the principal and profit as agreed upon even if he received the investment money from the victim.
2. On May 15, 2018, the Defendant: (a) falsely stating that the “ smart tea” was fully sold to the victim by telephone at a place unclaimed site; and (b) he/she would pay profits to the victim at the end of May 2018; (c) that there was a clothing product of the EXR brand in Busan; (d) if any more investment was made, he/she purchased it and sold it, and then left at least eight percent of the profits to the victim; and (e) was remitted from the victim in the agricultural bank account (Account Number F) in the name of each bank in the name of the No.B bank.
However, in fact, the defendant did not handle the above EXR brand, and approximately approximately KRW 500 million at the time.