A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On January 1, 2010, the Defendant concluded that “The Defendant would increase the amount of money if it invests five million won in managing the securities and managing the secret funds of a person who has been able to manage the securities within the country” to the victim’s office located in the wood room D operated by the victim C, Changwon-si, Changwon-si, which is operated by the victim C.”

However, in fact, the defendant did not run the above office, and the property was seized due to debts during the prison life, and the defendant was expected to receive money from the victim to use it for the cost of living.

Around March 23, 2010, the Defendant received KRW 2 million from a victim to a national bank account in the name of the Defendant as an investment deposit and received KRW 17,200,000 from the victim by December 26, 2012, including the transfer of KRW 2 million in the name of the Defendant’s bank account in the name of the Defendant, and by December 26, 2012.

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

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol against the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the details of complaint, remittance, and transactions of bankbooks;

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

1. 집행유예 형법 제62조 제1항 양형의 이유 [권고형의 범위] 일반사기 > 제1유형(1억 원 미만) > 감경영역(1월~1년) [특별감경인자] 피해자에게도 범행의 발생 또는 피해의 확대에 상당한 책임이 있는 경우 [선고형의 결정] 피고인이 피해자를 적극적으로 기망하여 수회에 걸쳐 금전을 편취하고도 피해변제를 위한 조치를 취하지 않아 엄중한 처벌이 필요함. 다만, 이 사건 피해의 발생 및 확대에는 유명인의 비자금 관리 등을 통해 불과 1~2년 사이에 투자금의 수십 배에 이르는 수익을 남길 수 있다는 피고인의 허황된 꾐에 넘어간 피해자의 잘못도 어느 정도 기여한 것으로 보이는...