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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
Some of the facts charged were corrected.
On June 24, 2015, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Eastern District Court, and the said judgment became final and conclusive on July 2, 2015.
On April 2013, the Defendant called the victim E, who is an investment company located in the Seoul Gangnam-gu Seoul building, from Jung-gu, Seoul, to the victim E, the DBD 401, and made a false statement that “I think of the investment if there is surplus funds, because there is a goodm interest rate and high profit rate in investing in the fund, which is an investment advisory company located in Gangnam-gu Seoul, Seoul, the investment advisory company located in Gangnam-gu, and is able to bring about a high profit if there is a surplus funds. Our company made an investment in the company, that there is little loss, and that the principal of the investment is guaranteed.”
However, even if the defendant received money from the victim, he did not intend to deposit the money with the above company.
On July 31, 2013, the Defendant, by deceiving the victim as such, received 30 million won from the damaged person to the account in the name of C in which the Defendant uses as investment money, and acquired it by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A certificate of investment (10 pages of investigation records), and inquiry of transaction details (11 pages of investigation records);
1. Previous convictions in judgment: The application of Acts and subordinate statutes of investigation reports (66 pages of investigation records);
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;