On February 2, 2008, the Defendant stated that “E” restaurant where the victim D in Bupyeong-gu Incheon Bupyeong-gu, Incheon, worked as an employee, “E” said victim “E is located in the Financial Supervisory Service, where the wife has made an investment in the shares due to giving information to the wife, the said wife would be seeing and humping the ground; where investing money to B, the Defendant would have paid a large amount of money by making the shares with the said money; and the principal invested would be able to guarantee without the mold; 70% out of the profits will have the remainder of 30%.”

However, the defendant had experience in paying damages with stocks, and even if he received money from the victim, he did not have the ability to pay profits and did not have the ability to guarantee the principal with his own ability.

Around February 18, 2008, the Defendant, by deceiving the victim as such, obtained KRW 1 million from the victim, to the national bank account in the name of the Defendant, KRW 15 million from the same account around the 22th day of the same month, and obtained KRW 41 million from the F bank account in the name of the national bank on October 2, 2008, and acquired KRW 57 million from all.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as a statement of details of stock trade, a statement of transactions by national banks in F name, a statement of transactions by national banks in suspect's name, a copy of investment contract, a copy of a receipt without passbook (15 million won), a copy of a statement of transactions, and a certificate of confirmation (1 million won);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud category 1 (less than KRW 100 million) and the basic area (one to one year and six months) (the special person) of the sentencing criteria; and

2. The fact that the defendant who was sentenced to punishment of this case led to confession and reflects the crime of this case, and that there is no criminal record above the same kind of punishment and suspended execution, it is disadvantageous to the victim, even though the amount of fraud is not high.