A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Justice] On January 29, 2016, the Defendant was sentenced to a two-year suspension of the execution of imprisonment for fraud at the Jung-gu District Court on December 15, 2016, and the said judgment became final and conclusive on December 15, 2016. On March 29, 2018, the Seoul Eastern District Court sentenced the Defendant to six months of imprisonment for fraud, and the said judgment became final and conclusive on October 17, 2018.

【Criminal Facts】

The Defendant, as an actual operator of D Co., Ltd. established for the purpose of real estate development business, etc. (hereinafter referred to as “D”), publicizedd from June 2014 to the effect that “to guarantee investors with a plan to construct large-scale cooking in the Philippines by advertising daily newspapers and requesting sales agencies, etc.,” thereby raising investment funds.

1. On September 17, 2014, the Defendant made a false statement to the effect that “A large-scale Liber in the Philippines will be built, but D will be paid KRW 4 billion upon completion of the construction. Once investing KRW 28 million, D will pay an allowance of KRW 560,000 per month and return the principal after one year.”

However, at the time, the Defendant used the investor’s investment funds for daily newspaper advertising expenses, request for sale agency expenses, office operating expenses, etc., and in particular, the Defendant did not have any intent or ability to return the agreed allowances or principal even if he received money from the victim under the pretext of investment funds, since it was a situation in which the former investor’s payment to the former investor was returned to the new investor.

As above, the Defendant, by deceiving the victim, received KRW 27 million from the victim to the account (BV) in the name of the LABD, and 1 million won to the account (BW) in the name of R, respectively, and acquired the total amount of KRW 28 million.

2. On November 1, 2014, the Defendant, at the office of the preceding paragraph (1) around November, 201, received from the victim the amount of KRW 560,000 per month with the proceeds of KRW 28 million in previous investment.