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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Defendant D (hereinafter referred to as “D”) was a person who promoted a horse race track business in Kazaktan in the course of operating the corporation E, and the Defendant was a person who was in the position of the head of the overall headquarters of the corporation E from D, and the Defendant and D were willing to obtain money from Defendant F, G, and H under the pretext of money investment in the above horse race track business.
In fact, Defendant did not have invested KRW 50 million in the above horse race track business. Defendant and D, when receiving investments from victims, planned to pay them as the Defendant’s ancillary studying expenses, D’s living expenses, personal debt repayment, etc., rather than the horse race track business, and even if receiving investments from victims, Defendant did not have any intent or ability to pay profits and the principal of investments to the victims or to provide broadcasting equipment, etc. related to the horse race track business.
Nevertheless, the Defendant and D made an investment of KRW 50 million in advance in a horse race track business and made a statement to each other, and around June 2009, the Defendant met F in an I hotel located in Mapo-gu Seoul, Seoul, and the Defendant made a false statement to F that “D is promoting the horse race track business by the E company operating D, which already made an investment of KRW 50,000,000,000,000 in addition to KRW 50,000,000,000, in addition, D will be given the right to supply and maintain broadcasting equipment related to the horse race track business, and D also made a false statement to the same effect as D around that time.
The Defendant and D, as such, had deceiving F and received KRW 50 million from F as investment money around July 13, 2009, from F, from around July 13, 2009, from that time until December 2010, the Defendant and D received KRW 96 million, in total, from F, G, and H, under the pretext of investment money, etc., as shown in the list of crimes attached hereto.
Accordingly, the defendant and D conspired to induce victims.