A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On October 13, 2015, at the defendant's office located in Gangnam-gu Seoul on the defendant's office located in Gangnam-gu Seoul on October 13, 2015, the defendant is acting as an agent for soliciting investment in securities to pay profits to investors by investing money from investors in securities.

“A false statement” was made.

However, the defendant was in a state of non-person at the time of fact

5 million won was invested in shares to compensate for losses, re-investment in shares and living expenses was required, and even if the victim received money from the victim as the source of investment in shares, he/she had the intent to use a considerable portion of the money for the defendant's living expenses. The defendant's share investment career was limited to four months, and there was no intention or ability to pay twice the amount of investment to the victim.

On October 14, 2015, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 20 million to the NH Investment Securities Account under the name of the Defendant on October 14, 2015 from the damaged party.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each of the details of financial transactions, text messages, and loan certificates statutes;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

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

2. The scope of recommended punishment on the sentencing criteria [the types of decisions] the scope of punishment [the scope of punishment on the recommended range] [the scope of punishment] the scope of punishment (the amount less than 100 million won) [the person subject to special sentencing] the mitigated range of punishment [the scope of recommended range] one month to one year.

3. In this case, the amount of damage caused by the fraud by receiving KRW 20 million from the damaged person although the defendant did not have the ability to make a profit by receiving money from the damaged person.