On January 28, 2004, the Defendant was sentenced to seven years of imprisonment by the Seoul District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of robbery, etc.) and completed the execution of the sentence in the North Korean Vocational Training Prison on November 4, 2010. On August 27, 2014, the Defendant was sentenced to eight months of imprisonment by the Seoul Central District Court for fraud, and on May 28, 2015, the said judgment became final and conclusive on May 28, 2015. On October 13, 2016, the Defendant was sentenced to eight years of imprisonment and is currently under trial at the appellate court.

On July 25, 2012, the Defendant, at the Dongyang Securities Office located in Gangdong-gu Seoul Metropolitan Government, ordered the victim C to “(ju) stocks to purchase KRW 42,000 per share to purchase KRW 20,000 per share.”

However, the defendant was aware that he could not purchase more than 42,00 won per share because he would be able to purchase more than 52,00 won per share from a stock broker. Since he thought that he would be used for personal purposes such as repayment of debt, he did not have the intent or ability to purchase shares according to the agreement even if he received the payment from the damaged person.

As such, the Defendant, by deceiving the victim, was transferred 84 million won to the single bank account under the name of the Defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A loan certificate prior to the gold, a detailed statement of transactions in the entry and withdrawal, details of transactions in a single bank, etc.;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A), each investigation report (Attachment of judgment attached), and the Acts and subordinate statutes on personal confinement;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that the defendant's age, gender, is committed in the following circumstances for the sentencing of Article 39 (1).