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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
[criminal power] On November 27, 2009, the Defendant was sentenced to four years of imprisonment with prison labor for the crime of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. at the Seoul Central District Court on May 16, 2013 during the execution of the sentence, and the parole period was expired on September 2, 2013. On June 9, 2016, the Defendant was sentenced to four years of imprisonment with prison labor for the crime of fraud at the Seoul Central District Court, and is currently pending in
【Criminal Facts】
1. Around May 2015, the Defendant made a false statement to the victim M in a dance hall located in Busandong-dong-gu, Busan, stating that “I will make an investment in futures options if I will receive investment funds from the Korean Exchange staff, and will make a profit of 5% per month.”
However, even if the defendant is not an employee of the Korea Exchange and receives money from the victim, he did not have the intent or ability to pay the profit to the victim.
Around July 20, 2015, the Defendant received a total of KRW 20 million from May 11, 2015 to November 20, 2015, including that the Defendant received KRW 10 million from the Defendant’s parent bank account in the name of the Defendant’s mother, from the victim, as indicated in the attached list of crimes.
2. On July 2015, the Defendant made a false statement to the victim O that “The victim O from Q in Busan-gu P to the Korea Exchange is an employee of the Korea Exchange, who will pay the principal and 15% interest if he/she will receive money from the victim O.”
However, even if the defendant is not an employee of the Korea Exchange and receives money from the victim, he/she did not have the intent or ability to pay the principal and interest.
Around July 15, 2015, the Defendant received 22 million won from the victim with a new bank account (S) in the name of the Defendant’s female-friendly Gu R (S), 3 million won on September 17, 2015, and 4.8 million won on October 28, 2015.
3. From May 2015, the Defendant expressed that the victim T was an employee of the Korea Exchange and a good investment place. On September 3, 2015, the victim was “50% of the Kakakao Stockholm letters.”