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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 2, 2009, the Defendant was sentenced to one year and six months of imprisonment for a crime of fraud at the District Court on July 2, 2009, and the said judgment became final and conclusive on July 10, 2009. On March 26, 2010, the said judgment became final and conclusive on July 3, 2010 after having been sentenced to one year of imprisonment for a crime of fraud at the Jungyang Branch Branch of the District Court on March 26, 2010. On May 16, 2014, the said judgment became final and conclusive on May 24, 2014 after having been sentenced to two years of suspension of execution, fine of ten million won for a crime of fraud.
On June 2008, the Defendant made a false statement to the victim D, stating that “The Defendant would make an investment in money because it is able to make a high profit through futures trading. When investing money, 80% of the principal will be guaranteed and the Defendant would make a profit at 10-15% of the principal per month.”
However, in fact, the Defendant had no property at the time, and the crisis in the financial market due to the U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.C., which started from the first half of 2007, had been able to distribute profits even if invested in futures trading. In the event that the victims failed to pay the principal and profits of the invested money from other persons before receiving the investment from the victims, some of the invested money would be used to pay profits, etc. to the existing investors.
The Defendant, as such, was delivered KRW 165 million in total on nine occasions from June 2, 2008, from that time to October 14, 2008, by deceiving the victim and receiving KRW 20 million from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A written confirmation, a certificate of borrowing and a statement of transactions;
1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports, investigation reports (Attachment of judgment attached), identifications of individuals, and current status of confinement;
1. Criminal facts;