A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On January 29, 2015, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul Western District Court for a violation of the Financial Investment Services and Capital Markets Act, etc., and the said judgment became final and conclusive on July 18, 2015.

【Criminal Facts】

Around April 2012, the Defendant made a false statement to the effect that, “D” car page located in Seocho-gu Seoul Metropolitan Government, the victim E is entitled to receive a large amount of profits when the share price is raised by pre-purchaseing the shares of the relevant company and making a few public announcements. If there is surplus funds, only KRW 150 million will be invested. On the other hand, the Defendant would make up two times after using the funds to the extent of two months.”

However, at the time of fact, the Defendant had already been under the condition that the underwriting contract was terminated due to the failure to pay the down payment after only paying the down payment to the company that the Defendant planned to accept, and accordingly, was responsible for the debt amounting to approximately KRW 1.4 billion. Thus, even if the Defendant received an investment from the victim, he did not have the intent or ability to give double the profits within the time that he promised to pay. Moreover, the Defendant was intended not to purchase the stocks that he promised to receive from the victim, but to use them for other purposes such as investment related

On April 12, 2012, the Defendant, by deceiving the victim, received a total of KRW 1,50,000 from the victim to the Agricultural Cooperative Account in the name of the F Bank of Korea (G) in the name of the Fund in charge of the investment deposit and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Second-time protocol concerning the examination of the accused by the prosecution;

1. Statement of prosecutorial statement concerning E;

1. A protocol concerning the police investigation of H (No. 5 of the evidence list);

1. Second-time protocol concerning the examination of suspects of the police;

1. Statement of the police statement of E;

1. Complaints of E preparation;

1. A written confirmation of cash storage;

1. A specification of transactions;

1. A written confirmation of the results of transfer of electronic finance;

1. Details of transactions of the agricultural bank account in FF name;

1. Text messages between the defendant and E;