A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant on July 2015, Daejeon High-gu, Daejeon, 2015

C. In the management room operated by the victim D on the second floor, “shares are making a stock investment to the victim.”

If investment is made, the principal will be guaranteed, the 10% of the monthly revenue will be paid, and the principal can be recovered at any time after six months from the date of investment.

The phrase " shall be false, and the victim shall be presented a return on investment."

However, in fact, the defendant has already received a loan of KRW 25 million and failed to make a stock investment, and there was no professional knowledge about the stock investment, and the above statement of investment return was also prepared by the defendant at his own discretion, and the defendant did not have the ability to guarantee the principal through the stock investment or to pay 10% of the monthly income.

Nevertheless, around July 23, 2015, the defendant acquired 28 million won as investment money from the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. A list of investment returns;

1. Details of transfer;

1. Investigation report (Attachment to a detailed statement of transaction at the time of the person under investigation);

1. A investigative report (to attach a detailed statement on securities transaction of a suspect A);

1. An investigation report (to attach a detailed statement of transactions of the City Bank on the details of the use of investment funds of a suspect A);

1. Terms and conditions of personal investment trading;

1. A telephone investigation report (the result of a suspect A telephone investigation) (the defendant had no intention to commit the crime of defraudation, such as receiving investment money from the damaged person and actually investing in stocks;

However, according to the above evidence, the defendant presented a statement of investment return, etc. as if he could make the victim pay 10% monthly profits and guarantee the principal. However, although the defendant made an investment in shares at the time, it was an infinite situation where he could make the above investment profits, and only 21 million won out of the amount received from the victim.