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A defendant shall be punished by imprisonment for two years.
All applications for compensation order shall be dismissed by applicants.
Reasons
Punishment of the crime
On August 27, 2013, the defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution in the Incheon District Court for fraud, etc., and the judgment became final and conclusive on December 21, 2013.
1. On January 25, 2011, the Defendant reported the victim E with a stock investment, and paid a considerable monthly amount of monthly profits by receiving an investment from another person.
B. The purport was that the investment would make an investment by 5% per month and return the investment after six months.
However, in fact, the Defendant did not have the ability to create profits from stock investment and did not have the ability to pay 5% profits every month. Even if the Defendant received investments from the injured party, it was thought that it was used for personal purposes, such as the payment of agreed earnings to the existing investors, repayment of personal obligations, living expenses, and fraternity payments, and did not have the intent or ability to repay the principal due to the lack of the income.
Nevertheless, on January 25, 2011, the Defendant, as seen above, obtained 20 million won from the victim's victim's victim's false statement and acquired 20 million won from the victim's foreign exchange bank account with the Defendant's name as a stock investment deposit, and acquired it through deception. From that time, the Defendant acquired 35 million won as a stock investment deposit through the same method over 11 times from May 10, 201 as shown in the list of crimes in the attached list of crimes.
2. The Defendant, while receiving 10 million won of G’s stock investment funds from one of the securities accounts in the name of D and trading stock investment, had D’s authorized certificate, etc. in the name of D, with intent to obtain a loan as security by means of writing the stocks, etc. in the said securities account in the name of D.
A. On June 1, 2012, the Defendant is at the Defendant’s residence in Seo-gu Incheon, Seo-gu.