A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 28, 2006, the Defendant made a false statement to the victim E in the office of Seoul Special Metropolitan City Co., Ltd., Co., Ltd., Ltd., the third floor of the building C, stating, “B, at the time the NA branch was sent, is currently opening a foreign exchange transaction company and operating a foreign exchange transaction business.”

However, the defendant did not know about the NA branch, and did not engage in foreign exchange transactions, and even if the victim invested money, he did not intend or have the ability to make profits by using it for the above business or to pay the victim stocks equivalent to the investment amount.

The Defendant, as above, by deceiving the victim, received 600,000 won from the victim for the purpose of investment and purchase of shares.

In addition, the Defendant received a total of KRW 29,95,00 from the victim 10 times in total, as described in the attached list of crimes, from around that time to March 31, 2007.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A certificate of new shares subscription;

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

1. It is reasonable to view the criminal defendant's fraud as a single comprehensive crime in the name of the victim and the defrauded, although the prosecutor charged the criminal defendant with concurrent crimes under the former part of Article 37 of the Criminal Act.

In addition, although the prosecutor indicted the defendant's crime of fraud and the crime in this case as concurrent crimes under the latter part of Article 37 of the Criminal Act, it does not constitute "a crime for which judgment has become final and conclusive" under the latter part of Article 37 of the Criminal Act, since such crime constitutes a fine.

In addition, Article 347 (1) of the Criminal Code for the choice of punishment (generally, choice of imprisonment) is 30 million won which the defendant acquired by deceit from the victim for sentencing.