A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On March 2014, the Defendant made a false statement to the victim D, stating, “In the Republic of Korea, investments are made in the transaction of stocks. When profits occur due to investments, they will be divided into two parts, and if losses occur, the principal will be guaranteed.”

However, according to the evidence Nos. 8-10 submitted by the Defendant, it is recognized that there was assets worth KRW 54 million, such as insurance money paid in the type of insurance product to be refunded, total savings paid in the subscription for house, and total amount of 54 million investment money to be paid in the subscription for house, but there was no special property other than KRW 30 million. However, according to the evidence No. 8-10 submitted by the Defendant, it is recognized that there was assets worth KRW 54 million, such as the insurance money paid in the subscription for the Hanhwa Life Insurance, the savings deposit paid in the subscription for the Samsung Bio Life Refund Insurance, and the Defendant’s stock investment money. Thus, there was no obstacle to the Defendant’s exercise of his/her right to defense. As there was no special property, it is recognized to change criminal facts ex officio as there was no intention or ability to guarantee the principal of the victim in the event of a loss.

Nevertheless, as above, the Defendant made a false statement, and thereafter, from the victim’s account in the name of the Defendant, KRW 13.10 million per month, KRW 20 million per month, KRW 20 million per month, KRW 20,000 per month, KRW 20,000 per month, KRW 24.20,000 per month, and the same year.

4.3.4 million won, and the same month;

7. A deposit of KRW 25 million, KRW 25 million on November 1 of the same month, KRW 50 million on the 14th day of the same month, and KRW 200 million on the aggregate.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Examination protocol of the accused by the prosecution (including the statement part against D);

1. Statement made to D by the police;

1. A complaint;

1. Financial transfer certificate;

1. As to the content of the Kakao Stockholm conversation, the Defendant, at the time, has made a long-term investment for at least one year.