A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant, around October 2013, at the office of the Dispute Resolution Co., Ltd. in Gangnam-gu Seoul Metropolitan Government around the end of October, 2013, guarantees that the victim D is working in the E Asset Management Team, and that 7% of the profits determined for the operation of 4 months are invested in goods managed by the Asset Management Team.

In fact, the Defendant did not have any intent or ability to pay profits to the victim by investing the money received from the damaged party, but did not have any intent or ability to pay profits to the victim by investing the money received from the damaged party, with the liability of KRW 14 million with the failure to make an investment in stocks.

Nevertheless, on November 4, 2013, the Defendant, as seen above, received KRW 10 million from the victim to the company bank account (F) in the name of the Defendant on November 4, 2013, and acquired KRW 209,075,000 from the above day to August 9, 2018 by transfer from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The details of the entry and departure transactions, the details of the Kakao Stockholm dialogue, application of the Pool Acts and subordinate statutes;

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [type 2] The general fraud [type 2], the amount of less than 100 million won (special sentencing factors] - Where the amount of punishment is not or significant damage is recovered: In cases where the aggravated factor is committed against an unspecified or a large number of unspecified victims or repeatedly for a considerable period of time (the area of recommendation and the scope of recommendation): In cases where the person committed a crime against an unspecified or large number of unspecified victims [the area of recommendation and the scope of recommendation], 1 to 4 years of imprisonment [the person subject to general sentencing] - The mitigated factor: lack of criminal records, efforts to recover damage [the grounds for suspension of execution] - The principal reasons for affirmative action is affirmed, which has no record of punishment, and which has no record of criminal punishment: general grounds;