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Defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
1. The Defendant committed the crime against the victim B, around June 2017, stated that “The Victim B is running a business that imports Dora and Ma-Ma-Ma-Ma-ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-dong, Jung-gu, Seoul. The Defendant paid the Victim B a profit of KRW 50 million every month, and the principal shall be repaid at the time of demand for repayment after
However, there is no intention or ability to pay profits as agreed even if the defendant received money from the victim as above as investment money, since the defendant extended funds from several hundred million won to several billion won of debt, which is less than interest per month, and there is a situation in which there is a lot of million won from several million won of loan, and thus there is no intention or ability to repay principal.
Nevertheless, on June 27, 2017, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the bank account under the name of the Defendant on June 27, 2017, and acquired KRW 304,921,150 in total over 109 times from around that time to November 13, 2018, as shown in the attached crime list (1).
2. Around December 18, 2016, the Defendant committed the crime against the victim E stated, at the office of the company operated by the victim E in F, on the part of the company operated by the victim E, “a company that establishes G, and registers the victim as its internal director, such as Dora, mobile phone case, etc.” to pay the victim the profit after registering the victim as the victim’s internal director. The principal will also be guaranteed, which would change the investment of funds necessary for the company operation.”
However, there is no intention or ability to pay the principal and the profit as promised even if the defendant received the money from the victim as above as investment money, since the defendant extended funds from several hundred million won of debt to several billion won of loan, which is less than the interest each month, and the amount of money is disbursed from several million won of loan each month.
Nevertheless, on January 3, 2017, the Defendant deceivings the victim, and thereby deceivings the victim, to the Hbank account in the name of the Defendant on January 3, 2017.