A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 17, 2016, the Defendant was sentenced to two years of suspended sentence for six months in prison for fraud, etc. at the Daejeon District Court, and the judgment was finalized on the 25th of the same month. On July 20, 2017, the same court was sentenced to two years of suspended sentence for eight months in prison due to a violation of the Labor Standards Act, etc., and the judgment was finalized on the 28th of the same month. On June 11, 2020, the Defendant was sentenced to six months in prison for fraud and was still pending in the appellate trial.

【Criminal Facts】

The Defendant: (a) around September 30, 2014; (b) around September 30, 2014, at the notary public E office in Gyeyang-gu, Daejeon; (c) around September 30, 2014, the victim F used 100 million won for business purposes; and (d) paid 50 million won of the principal of the investment as monthly investment commission around October 25, 2014; (c) the principal is KRW 10 million around November 30, 2014; (d) KRW 10 million on December 30, 2014; and (d) around January 30, 2015; and (e) KRW 10 million on January 30, 2015; and (e) February 20 million on February 25, 2015.”

However, at the time, the Defendant had a debt amounting to KRW 100 million to the existing investors, and the bank loans that was received in the name of the parent for the opening of the volatile club was 300 million won, and most of the revenues generated from the volatile club were disbursed as operating expenses and interest on the existing debts, so there was no intent or ability to pay monthly investment fees or repay the principal as promised by the victim.

The Defendant, by deceiving the victim as above, received KRW 93,170,000 from the victim to the H Bank (I) account in the name of G under the same day as the investment money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each investigation report;

1. A business comprehensive acquisition agreement, a certificate of withdrawals by member transaction account, a statement of financial transaction information meetings, a written application for transaction, a statement of transaction, a CD, a bank transaction details, a complaint, a CF agreement, and a financial investment agreement;