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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On February 14, 2007, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Changwon District Court on March 11, 2007, and the execution of the sentence was terminated on March 11, 2007. On December 2, 2015, the Changwon District Court was sentenced to eight months of imprisonment for fraud, and the judgment became final and conclusive on August 18, 2016.
2. Criminal facts;
A. On March 25, 2008, the Defendant made a false statement to the victim D within the Defendant’s residence located in Kimhae-si, Kim Jong-si, stating that “The Defendant would make an investment in the fund with a loan of KRW 10 million and pay the principal within eight months and pay the principal in KRW 4.20,000 as monthly income.”
However, in fact, the defendant was thought to use the money received from the victim for personal repayment, etc., and there was no intention or ability to pay the said money by investing in the fund.
Nevertheless, on March 27, 2008, the Defendant, by deceiving the victim and deceiving the victim, received the remittance of KRW 10 million from the victim to the corporate bank account (E) in the name of the Defendant on March 27, 2008.
B. On March 29, 2008, the Defendant paid KRW 30 million to the above victim, including the total amount of KRW 10 million, if he/she invests more than KRW 20 million, within the above Defendant’s residence, and paid KRW 1.2 million per month with monthly proceeds.
“A false statement” was made.
However, in fact, the defendant was thought to use the money received from the victim for personal repayment, etc., and there was no intention or ability to pay the said money by investing in the fund.
Nevertheless, on March 31, 2008, the Defendant: (a) by deceiving the victim; (b) transferred KRW 10 million to an enterprise bank account (E) in the name of the Defendant on March 31, 2008; and (c) obtained transfer of KRW 10 million to the above account on April 4, 2008, by deceiving the victim; and (b) acquired by deceiving KRW 20 million in total.
As above, the Defendant acquired a total of KRW 30 million from the injured party twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement with D 1.