However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

On June 2015, the Defendant called the victim E at a closed place and made a false statement that “In the future, 50 million won of a non-public investment fund product in three securities is invested in the future, 20% in the month, 50 million won or more, 30% in the three-month period, and 20% in the short-term investment product that can bring 20% in the month.”

However, in fact, there was no fact in the future that the said bearer investment fund goods were operated, and the Defendant incurred a loss of investment in stocks, etc. from around June 2014, and there was an economic difficulty, such as cumulative loss of about one billion won in around June 2015, and even if receiving the payment from the victim, it was thought that the victim would have promised to contribute to other investors. Therefore, there was no intent or ability to invest the amount of investment in the deposited securities goods in the future.

Nevertheless, the defendant deceivings the victim as above and took over 50 million won in the name of one bank account (Account Number:F) in the name of the defendant from the person who is suffering from such deception, as well as 20 million won in the name of the defendant on June 26, 2015, and 40 million won in the name of the 29th day of the same month on September 1, 2015, and 14 million won in the aggregate on September 1, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the E police statement;

1. Application of Acts and subordinate statutes on account transactions and Kakao Stockholm details;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] In general fraud, the following factors are comprehensively taken into account: (a) the mitigation area (10 million won or more, and less than 500 million won) [10 to two years] the punishment is not imposed, or where damage was restored to a considerable part of the mitigation area (the decision of sentence] [the decision of sentence] is against the defendant; (b) the primary offender is the defendant's age, environment, sex behavior, motive and means of the crime, and circumstances after the crime.