A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

[criminal power] On July 6, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Southern District Court, and the above judgment became final and conclusive on July 14, 2012.

【Criminal Facts】

The defendant is a person who operated Yeongdeungpo-gu Seoul Metropolitan Government C.

1. Around November 10, 2010, the Defendant told the victim E of Yeongdeungpo-gu Seoul Metropolitan Government to the effect that “The Defendant would have a stable investment place, and thus, would change the amount of investment. The share price would have been anticipated to change, thereby making an investment in the stocks and derivatives, and pay all profits if the profits are to be accrued.”

However, even if the defendant received investments from the victim, he did not intend to invest in the stocks and derivatives.

As above, the Defendant, by deceiving the victim as above, acquired 30 million won from the victim to the national bank account in the name of the Defendant on the same day.

2. On March 23, 2011, the Defendant called the victim on the phone, and called “30 million won to invest about 20% in unlisted stocks, etc. for 4 months. In addition, the Defendant stated that the amount of KRW 3267,00 is KRW 40 million if invested, and the additional profit is expected if purchased shares with the said money again.”

However, even if the defendant received investments from the victim, he did not intend to invest in the stocks and derivatives.

As above, the Defendant, by deceiving the victim, received 3,267,000 won from the victim to the national bank account on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of case summary agreements, auxiliary meetings, and court rulings and statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act provides that a judgment with reason for sentencing has become final and conclusive, and equity in the case where the instant fraud has been adjudicated simultaneously.