A defendant shall be punished by imprisonment for six months.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

From May 201, the Defendant received an investment of KRW 140 million from the victim D to guarantee the profits of KRW 3 million each month, and received an investment of KRW 140 million from the victim D while running the clothing business jointly with the victim, making it difficult for the Defendant to receive an investment as the money for the clothing business, and received money as a stock investment fund.

Around October 201, the Defendant, even if receiving the money from the victim, only used it as living expenses and the payment of existing debt, and did not have an intent or ability to pay the principal as well as the profits by making a stock investment, and made a phone call to the victim without any intent or ability to pay the principal. In addition, the Defendant: (a) made an investment in the “ship ship” recommended by the Defendant; (b) made an investment in the “ship ship” at this time; (c) made an investment through this person; and (d) made a false statement that “on October 20, 201, the Defendant shall transfer the money of investment as soon as there has been an appropriate issue for the creation of profits; and (d) obtained the money of KRW 40 million from the victim via the flood account (Account Number: E) in the name of the Defendant on November 15, 201; and (e) obtained the money of KRW 80 million from the defrauded, respectively.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the D substitute part);

1. Application of Acts and subordinate statutes on details of deposits transactions;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 32 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for compensation is unclear and thus it is inappropriate to issue an order for compensation) and the grounds for sentencing

1. The defendant and his defense counsel informed the victim that they invested in shares through G, which is the defendant's seat, and received the victim's remittance of KRW 80 million as stated in the above facts charged, and actually shares.