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A defendant shall be punished by imprisonment for three years.
An applicant for compensation shall be dismissed.
Reasons
Criminal facts
This part of the facts charged shall be revised as stated in the facts constituting a crime to the extent that it is not likely to substantially disadvantage the defendant's defense right.
1. On September 2013, the Defendant received a proposal for the so-called “VA” investment from the VR, which was known to the general public, and the investment of “VA” was for the purpose of raising the deposit or performance guarantee for the issuance of a credit issued by the WT, which is intended by the UNFCCC, from the company of “WP. LTPP” (hereinafter “WP”) in Singapore, to import RP heavy oil from the company of “WP.” (hereinafter “WP”), which is located in Singapore.
On September 17, 2013, the Defendant, at the office of BM (hereinafter referred to as “VA”) in the 8th floor of the Defendant’s operation in the Gangnam-gu Seoul Metropolitan Government BL building, recommended the victim B to make an investment using mobile phone text messages, thereby inducing the victim B to make an investment in the funds to be used as “VA” when issuing a credit necessary for trade with the victim from around that time. On October 4, 2013, the Defendant solicited the victim to make an investment in the funds to be used as “VA” upon receipt of an investment scheme from VA, and received from the victim to the post office in the name of the Defendant as “VA” under the name of the Defendant.
On October 7, 2013, the Defendant lent KRW 350 million out of the above KRW 400 million received from the victim to VA under the name of 'VA'. The Defendant drafted a monetary loan agreement with VR to receive KRW 700 million per month on the date when the principal and the profits from VR were returned from VR on the 30th day after the date of lending.
2. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) through fraud in the name of investment funds and the fraud by fraud in the name of borrowed funds.