The punishment of the accused shall be eight months by imprisonment.

Of the facts charged in this case, the victim B was dated March 29, 2017.

Punishment of the crime

On December 11, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Western District Court (Seoul Western District Court) and completed the execution of the sentence at the Seoul Southern District Court on March 29, 2015.

1. Fraud [2017Sang7796] around April 3, 2017, the Defendant told the victim B to the effect that “In the event of borrowing KRW 50 million from B to a securities company, 20% of the principal shall be invested in the securities company, and the principal shall be returned at any time, and the principal shall be returned to B at any time.”

However, the Defendant invested in D with the money borrowed from C, but failed to pay C with the money that was not received from D from January 2017. Accordingly, the Defendant thought that C would be able to lend money from the victim to C in order to avoid the occurrence of a serious demand for repayment from D, and there was no intention or ability to pay the principal and interest by investing the money in a securities company as the victim stated.

Around April 3, 2017, the Defendant, by deceiving the victim as such, obtained money from the victim to the E bank account under the name of the Defendant, from the victim and acquired money by transfer of KRW 50 million.

2. Embezzlement [2017 Godan8220] The Defendant held that “I would like to pay 5% of the investment amount to I would like to pay I would like to I would like to pay I would like to I would like to pay I would like 5% of the investment amount to I would like to pay I would like to I would like to pay I would like to receive money if I would like to pay I would like to receive money.”

The Defendant, through Internet banking, received 22 million won from the Victim F to the E bank account (G) in the name of the Defendant under the name of the Defendant, on June 21, 2016, and 27.6 million won on September 30, 2016, respectively, and stored for the victim, around that time, in Seoul.