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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Criminal facts
1. On November 24, 2014, the Defendant against the victim B and C made a false statement to the effect that “A victim B and C have a stake of 80% of the E hotel in the Republic of Yong-Ba,” and that “A separate plan is expected to run online casino business. This would result in a lot of profits when investing in a legitimate online gambling company. If an investment is made, E hotel’s share will be transferred as security, E hotel’s share will be paid every month after the investment will be paid, and if a return of the investment principal is sought, it will be returned at any time.”
However, in fact, the above E hotel with shares of the defendant exists not only in the real hotel but also in the document, and there is little real value. The online casino business promoted by the defendant is merely in the preparation stage of the business, and there was no profit. Since the money invested from the victims was thought to be used for the repayment of the existing debt and personal purpose, there was no intention or ability to pay the investment principal and the profit as promised to the victims.
Around November 25, 2014, the Defendant: (a) by deceiving victims; (b) transferred KRW 30 million from the victim B to the bank account in the name of F; (c) transferred KRW 30 million from the victim C to the agricultural bank account in the name of G; and (d) acquired the money from the victim C to the agricultural bank account in the name of G.
2. Around April 2015, the criminal defendant against the victim H made a false statement to the effect that “The victim H has a 80% share of the E hotel in the Republic of Chicago and is promoting online casino business through I. In investing in this business, 0.2% out of the E hotel share shall be transferred, and 2% of the investment principal shall be paid every month from December 2015, and if the investor wants to return the investment principal, it shall be returned at any time.”
However, the defendant stated in paragraph (1).