A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On June 2013, 2013, the Defendant stated that “The Defendant would purchase at a low price foreign exchange such as United Nations, oil, and US dollars, and sell profits at a high price to the victim C within the instant coffee shop located in Busan Jung-gu, Busan, and would offer investment profits in the amount of KRW 500,000 per month for investment to B.

However, even if the victim received the investment money from the victim, it was thought to use it for the defendant's personal debt repayment, etc., and there was no intention or ability to deliver the investment return to the victim or to return the principal.

On September 27, 2013, the Defendant, by deceiving the victim as such, obtained money from the victim to the foreign exchange bank account in the name of D on September 27, 2013, and acquired money by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of written confirmation of details of transactions to statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (excluding punishment by a minor fine for a crime committed on one occasion); it does not have any other criminal records; it shall be against the fact that no other criminal records exist; and it shall be taken into account that a person has deposited KRW 90 million for the victim);

1. Article 32 (1) and (2) and Article 25 (3) 3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders (the scope of liability for damages is unclear and it is not reasonable to issue a compensation order);