A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal history] On December 22, 2016, the Defendant was sentenced to a suspended sentence of two years for a period of eight (8) months by imprisonment for fraud in the Gwangju District Court Branch Branch.

[Criminal facts] The Defendant is a general representative of a general investment company that invests in shares or funds, overseas real estate, domestic real estate, etc. in Jung-gu Seoul Metropolitan Government in a restaurant where the trade name of C hotel 2 in Jung-gu is unknown around September 3, 2015.

In the face of the return of money, the principal will be returned by 100% until December 3, 2015 and the profits from the company will be guaranteed.

A false statement was made to the effect that “The high income from guarantee of principal will particularly give us special attention only to a program that flows out in a short period of time.”

However, it is unclear whether the defendant's investment is in existence or not, as well as the defendant's early investment does not know about the operation method such as the investment situation and the profit structure, and was thought to use the money received from the injured party for the payment of dividends to other investors or personal purposes. Since there was no property of the defendant, even if the injured party received money from the injured party, there was no intention or ability to guarantee the principal for a short period and redeem the interest on high profits.

Nevertheless, the Defendant received from the injured party the transfer of KRW 20 million in total, and KRW 23 million in around October 3, 2015, from the third party in the name of the Defendant on the same day as the money invested.

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 D;

1. A written confirmation or an investigation report (attaching details of transactions with a suspect account);

1. Records of judgment: Application of a reply to inquiries about criminal history, investigation report (Attachment to a copy of the judgment) and statutes;

1. The grounds for sentencing (the scope of recommending punishment) of Article 347(1) of the Criminal Act regarding the relevant criminal facts and Article 347(1) of the choice of punishment (the choice of imprisonment) of the Criminal Act.