A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant is a person who was engaged in B securities as a securities investment expert from February 2, 2013 to July 2013.

On July 7, 2013, the Defendant called the victim D by phone call from the Defendant’s residence in Gangseo-gu Seoul Metropolitan Government, and said, “The stock market will return the principal later by making a stock investment in the event that the cash transfer is made to the account in the power of making a letter, with a large change in the stock market.”

However, the Defendant, at the time of trading stocks with investment funds of other investors, was suffering monthly losses from around January 2012. Nevertheless, the Defendant was operating the funds in the so-called “fluence” manner, such as paying profits again to the investors, by means of money received from investors, including the victim, etc. in order to pretend that profits have been realized through stock transactions, and thus, even if receiving investment funds from the victim, there was no intent or ability to pay profits to the victim or return the principal in the future through normal stock transactions.

As above, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the Defendant’s post office account (E) around July 5, 2013, and received KRW 10 million on July 8, 2013; KRW 5 million on November 27, 2013; KRW 3 million on November 29, 2013; and KRW 5 million on December 30, 2013, respectively.

As a result, the Defendant was given a total of 38.5 million won as a share investment bond by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. A complaint;

1. Application of Acts and subordinate statutes to the details of deposits, letters, account details, and details of investment in futures options;

1. The reason for sentencing of Article 347(1) of the Criminal Act with regard to the relevant criminal facts and Article 347(1) of the choice of punishment [the scope of recommending punishment] general fraud (the amount less than 100 million won).