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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
[Criminal Power] On February 23, 2012, the Defendant was sentenced to a suspended sentence of two years for six months for fraud at the Jeonju District Court.
6.9 The above judgment became final and conclusive.
【Criminal Facts】
In fact, the Defendant was aware of, or did not have been actually engaged in, the business activities related to the X-ray, and it is uncertain whether the business activities related thereto were conducted without any specific funds, and thus there was no intention or ability to receive a return of the funds invested by the victims, such as paying high-rate profits, even if the victims receive money in connection with the above business activities. There was no special property or income, and there was no intention or ability to use and return the funds received from the victims.
1. On April 15, 2008, the Defendant, at the coffee shop in Gangseo-gu Seoul Metropolitan Government D’s trade name, told the victim E (F prior to the opening of the name) that “if there exists any case of the business fund, he would be able to receive a return of twice the money within three months, he would be able to receive a return of money.” The Defendant received 70,000,000 won from the victim under the pretext of using the Defendant’s account in the Defendant’s name on the 17th day of the same month from May 1, 2008, and received 200,000 won in total nine times in total as shown in the annexed crime list from May 1, 2008.
2. Around April 2008, the Defendant: (a) from the point of “H” located in Yeongdeungpo-gu Seoul Metropolitan Government G, the Defendant would have the victim I receive two times the money from the victim I within three months if he/she borrowed the business fund; (b) he/she would have received 20,000,000 won from the victim under the pretext that he/she would use it in the cablecar business in the Defendant’s name on the 23th day of the same month; and (c) received 20,000,000 won from the remittance under the same name as of the 29th day of the same month, and acquired 40,000 won in total.
3. The defendant.