A defendant shall be punished by imprisonment for three years.

Punishment of the crime

On August 18, 2017, the Defendant was sentenced to seven years of imprisonment for fraud, etc. at the Seoul Eastern District Court, and the judgment became final and conclusive on November 9, 2017.

The Defendant, a person operating a corporation B, was unable to borrow money from other persons or pay money as investment in cosmetics business from around 2013, and even if having received money under the pretext of investment, the Defendant had to pay the borrowed money or investment money unpaid to other persons, so there was no intention or ability to pay the principal and the profit by properly running the cosmetics business.

On June 21, 2013, the Defendant stated that “The Defendant would repay KRW 4,90,000 by adding KRW 3.9 million to the principal invested on August 5, 2013, when investing KRW 41 million, because he/she purchased cosmetics at a container and made profits in China.”

The Defendant received 41 million won from the victim’s new bank account in the name of the Defendant on the same day from May 20, 2015, including transfer of KRW 2,912,240,000 from the time to May 20, 2015, and received 1.652 billion won in the name of the principal and profit, and did not pay the remainder of KRW 1.260 million in the name of the principal and profit.

The money acquired by the Defendant through the instant crime is the total amount of KRW 2,912,240,000,000, which the Defendant received by deceiving the victim, and the fact that the Defendant paid some principal and profit constitutes a situation to be considered in sentencing.

However, since the prosecutor instituted a public prosecution including the fact that he paid part of the money to the victim after the crime, it should be reflected in the crime as it is.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office against the defendant;