A defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

"2017 Highest 7159"

1. On January 7, 2016, the Defendant served as the representative director of E Co., Ltd., a foreign company with the aim of operating assets.

The Defendant, at the E Co., Ltd. office located in the F Building in Jung-gu Seoul, Jung-gu, Seoul, on August 2014, the date of the mid-term, the Defendant, by telephone, has a good opportunity for an individual to invest in the E Co., Ltd. in the company under review.

6-month return was made by false means that 30% fixed earnings will be paid upon lending 30% interest rate.

However, in fact, since the Defendant failed to pay the individual debt in KRW 500 million and the interest was not paid without any particular property, even if he borrowed money, he was able to use the said KRW 400 million as a means of preventing a return of money, rather than the idea of investing in the stocks, and there was no intention or ability to pay the borrowed money or fixed profit.

Nevertheless, the Defendant received KRW 100 million from the injured party to the national bank account (A) in the name of the Defendant on the 20th day of the same month from the third party.

2. On August 25, 2014, the Defendant stated that “The Defendant would pay 30% fixed profit by lending money to the victim AB to the same company as the same petroleum” in the said company’s office.

However, in fact, the Defendant, without any particular property, failed to pay the individual debt amounting to KRW 500 million and the interest was not paid. Therefore, even if the Defendant borrowed money, it was thought that it would be used to pay the debt amount equivalent to the above 400 million in the form of preventing the return of the same petroleum stocks, rather than the idea of investing in the same petroleum stocks. Accordingly, there was no intention or ability to pay

Nevertheless, the defendant is a national bank account in the name of the defendant in the name of the victim on the 28th day of the same month from the victim.