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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 15, 2013, the Defendant was sentenced to five years in Seoul High Court to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on January 29, 2014, and the above judgment was finalized on May 30, 2014, and on June 10, 2014, the above judgment was finalized on June 10, 2014.
On November 2010, the Defendant told the victim C to the real estate office of Mapo-gu Seoul Metropolitan Government Dtel 101, 1302, and the victim C to the effect that “I will operate an investment consulting company for performance planning, and if I make an investment of KRW 10 million on a three-month basis, I will give 2% of the monthly profits and pay the principal in lump sum at maturity.”
However, in the second half of 2009, the Defendant invested 80 million won in money from other investors, and incurred losses thereafter, and used the investment money in the way of so-called “commencing” in which the principal and profits are paid to the investors who invested first with the investment funds of the investors later due to the above losses, and even if receiving the money from the victims, it was thought that it will be used for the purpose of returning the principal and profits to the existing investors, and there was no intention or ability to repay the principal to the victims.
As above, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim as an investment loan around November 12, 2010, and received KRW 150 million in total five times from around that time to August 19, 201, as described in the list of crimes.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A complaint;
1. Part of the statement of transfer certificate, investment consulting contract, statement of account transaction, details of account transaction submitted by the complainant, and statement of account transaction for each suspect in the case records;
1.Each.