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1. The defendant shall be punished by imprisonment for six months;
2.However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 201, 201, the Defendant collected money from the victim D to make an investment in money in the securities trading business from several years ago.
A bank can impose much more money than its own.
The gold price is left away from the current gold price, and thus, it is expected to buy gold at a low price.
‘False speech' was made.
However, even if the defendant receives money, he did not have the intention or ability to purchase money and allow the victim to pay the profits.
On October 23 of the same year, the Defendant, by deceiving the victim, received 30 million won from the victim to the bank account in the name of the Defendant from the victim, and acquired it by deceiving the victim.
2. On November 24, 201, the Defendant called the victim at the place of influence and fells in the gold value.
Today, I sent money because I could gain profit from today's gold. "I sent money."
However, even if the defendant receives money, he did not have the intention or ability to purchase money and allow the victim to pay the profits.
As such, the Defendant, by deceiving the victim, received 30 million won from the victim to the single bank account under the name of the Defendant immediately from the victim, and acquired it by deceiving the victim.
3. On August 2012, the Defendant demanded the victim to return the remitted money by telephone at a closed place, and the victim “if there is a person who has invested in the gold bullion trading business with another person, who has contributed to the said person, he/she shall be paid KRW 20 million out of the amount remitted in the past.
‘False speech' was made.
However, even if the defendant receives money from the injured party, he did not have the intention or ability to repay the existing debt.
As such, the Defendant, by deceiving the victim, received 3.7 million won from the damaged person to the illegal account, and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
2. Statement made by the police against D;
3. The details of the principal’s financial transactions, all transactions and letters;