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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The Defendant is a person who was a director in-house of a stock company E (hereinafter referred to as “E”) established to engage in real estate development and investment business, and F and G are the former representative director and the current representative director of E, respectively.
1. On April 28, 2016, the Defendant, along with F and G, made profits if the Defendant, around April 28, 2016, imported gold-related business from a foreign country and sold it by refining it in the Republic of Korea at the trade in French-gu Seoul foreign exchange bank located near the Gangnam-gu Seoul foreign exchange bank.
It is expected that the previous owner will pay twice the amount borrowed within 45 days from the loan of money, because it is expected that the previous owner will invest the amount of 20 billion won.
“.....”
However, at that time, there was no fact that the Defendant, together with F and G, carried out the business related to the import of gold in fact or formulated a specific implementation plan, and there was no fact that the Defendant directly reviewed or confirmed the progress of the business or the anticipated profit structure, etc., and the Defendant did not secure the share of investment in the above business and did not have any other property owned by the Defendant or E. Therefore, even if he/she borrowed money from the damaged party, he/she did not have any intent or ability to pay twice the amount borrowed to the injured party within a short period of 45 days by attracting the investment amount equivalent to KRW 20 billion.
Nevertheless, the Defendant, in collusion with F and G, by deceiving the victim as above, and by receiving delivery of KRW 150 million from the damaged person on the same day.
2. On May 9, 2016, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the Aggravated Punishment, etc. of Specific Economic Crimes, around May 9, 2016, would lend KRW 500 million to the Victim H in the trade name in the Gangnam-gu Seoul Gangnam-gu Seoul, to the victim H.