A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On November 25, 2010, the Defendant was sentenced to imprisonment with prison labor for ten months at the Suwon District Court for fraud, and the said judgment became final and conclusive on February 18, 201.

【Criminal Facts】

On January 2010, the Defendant made a false statement to the victim D at the counseling office, which is the Defendant’s workplace in Suwon-si, Suwon-si, that “When investing money with good securities products in the E company, the Defendant will guarantee the principal and would be punished by 1-2% per month.”

However, in fact, the defendant had a debt of 160 million won or more at the time, and even if the defendant received investment funds from the victim due to the lack of operating expenses of the company, it was thought that it would be used as operating expenses of the company, and there was no intention or ability to leave the proceeds by investing in the securities product

The Defendant received KRW 40 million in total from the victim on April 15, 2010, and KRW 20 million on May 13, 2010, from the victim as one bank account in the name of the Defendant (F).

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous convictions: Application of criminal records, copies of written judgments and statutes;

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

1. While the defendant, in the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Act, has the purpose of using it as the insufficient operating expenses of the company, etc., he would make an investment in the securities products, and actively deceives the victim, thereby deceiving the victim of KRW 40 million from the victim, and did not repay the amount of damage.

In light of the motive, means, and consequences of such crime, the sentence of imprisonment is inevitable.

The punishment as per the disposition shall be determined in consideration of the fact that the defendant is living against the defendant while making a confession in these circumstances, and the equality in the case of a judgment at the same time with the final judgment.