A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal power] On April 13, 2012, the Defendant was sentenced to eight months of imprisonment for embezzlement at the Seoul Central District Court on April 17, 2012, and the above judgment became final and conclusive on April 17, 2012, and on March 15, 2013, the Seoul Central District Court sentenced eight months of imprisonment for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and became final and conclusive on March 23, 2013.

【Criminal Facts】

The defendant is a person who operates a DNA company with the second floor of the building in Ansan-si.

Around November 6, 2009, the Defendant made a false statement to the victim E, stating, “When investing money, he/she will pay 3 percent of the investment profits each month by managing shares and return the principal at any time at the time desired.”

However, in fact, the Defendant did not have any career related to stock investment and did not have any property or income, and should use the victim's money for the purpose of returning it to other investors or for personal purposes. Therefore, even if the money was received from the victim, there was no intention or ability to return the principal by regularly paying the proceeds to the victim.

The Defendant was immediately issued from the victim the amount of KRW 40 million under the pretext of stock investment, KRW 20 million under the same name as on November 16, 2009, KRW 25 million under the same name as on December 10, 2009, and KRW 10 million under the same name as on February 8, 2010, respectively.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and F;

1. A copy of the discretionary investment contract for each stock investment;

1. A copy of the details of transactions for entry and withdrawal;

1. Previous records of judgment: Criminal records, previous records of disposition and report on results of confirmation, copy of judgment, etc., application of Acts and subordinate statutes to criminal investigation reports ( inquiry into cases and attachment of copies of judgment);

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

1. Determination on the assertion of the defendant and his defense counsel under the latter part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent crimes

1. The assertion.