A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 30, 2012, the Defendant stated that “I will pay a lot of money if I make an investment in futures and options, I will pay a lot of money. I will pay a dividend equivalent to 0.5% of the daily amount of investment, and return the principal at the expiration of the contract after three months.”

However, as the defendant was not the representative of the securities company at the time, and was suffering from losses equivalent to KRW 200 million due to futures and options investment, it was thought that he received money from the victim for the purpose of investment, thereby making an additional investment, and there was no intention or ability to guarantee the principal of the investment money and to pay dividends of KRW 0.5% every day.

As above, the Defendant, by deceiving the victim as above, received from the victim a total of KRW 10 million around July 30, 2012, KRW 5 million around August 6, 2012, and KRW 18 million around September 3, 2012, and acquired it as investment money.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes governing the type of principal guarantee, name cards, and specification of transactions;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant's crime of this case in the reason of sentencing in Article 32 (1) of the Act on Special Cases concerning the Dismissal of Application for Compensation Order, etc., is deemed to be serious in light of the content, method and degree of deception, etc.

However, the fact that the defendant submits a written agreement with the victim, and that the defendant has no same criminal record shall be considered in consideration of the favorable circumstances.

Other circumstances revealed in the records, such as the motive, means, and result of the instant crime, the circumstances after the crime, the age, character and conduct of the defendant, and family relationship, shall be determined as ordered.