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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On December 2011, 201, the Defendant called the victim C by phone at a place where it is impossible to know on December 2, 2011, where it is unknown, and “B is going to a specialized investment company, and the Defendant has paid a large amount of KRW 200 million by investing in stocks from customers. Although the initial rate is not invested, there is a short amount of KRW 20 million by recovering the amount invested by the customer, and making an investment. As such, the Defendant would make an investment. Upon making an investment, he/she would pay 5-10% of the monthly amount of investment and guarantee the principal individually if the principal would incur a loss.”
However, at the time of fact, the Defendant did not attend the investment company and did not invest KRW 2 billion, and there was no intention or ability to guarantee the principal because it was difficult to prepare the living expenses due to the indemniteization of home, excluding approximately KRW 10,000 won in the balance of deposits.
On December 26, 2011, the Defendant received KRW 20 million from the victim to the bank account in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
2. On June 1, 2012, the Defendant called the above victim C by phone at a place where it cannot be known on June 1, 2012, and said statement was made to make an additional investment of KRW 10 million. However, the said victim decided to make an investment of KRW 1 million, and the said statement was made by the victim D to make an investment of KRW 10 million.
However, at the time, the defendant had been urged to repay debts from other persons, and there was a situation in which it was impossible to procure living expenses due to family incompetence, so the invested money was considered to be used as living expenses and personal debt repayment.
The Defendant received from the victim D the sum of KRW 10 million on June 4, 2012 from the victim C, and the sum of KRW 11 million on the part of the victim C, as a new bank account in the name of the Defendant.
Accordingly, the defendant deceivings victims.