A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant pays 135,00,000 won to an applicant for compensation.

Punishment of the crime

On January 2012, the Defendant made a false statement to the effect that “When there is a share investment team operated by the Defendant, and to make an account at the cost of KRW 50,00,000,00,000,000,000 from the Defendant’s house located in Busan, Busan, B, and 102 Dong 605, the Defendant made a false statement to the victim C, “If there is a share investment team operated by the Defendant, the commission would be deposited into the account that is the cause of the existing team. Therefore, if E makes an investment, then E would be relieved of it with a premium at the time when E gains.”

However, at the time of fact, the Defendant, as an elementary school teacher, did not make a stock investment in a team with a professional investor, and did not have any special expertise in stock investment. At the time, the Defendant did not have the obligation to pay loans in KRW 35,00,000 under the circumstances where there was no special property other than the pre-paid deposit of KRW 120,000,000,000 and the stock investment amount of KRW 40,000,000, and there was no intention or ability to return the principal and profits even if the Defendant received a request for stock investment from his own land and should return the principal of the investment in consideration of losses.

around January 31, 2012, the Defendant received 50,000 won as investment money from the victim to the treatment securities account under the name of E that he manages.

On April 4, 2012, the Defendant continued to call again to the victim at the place above, and received from the victim a false statement that “50 million won is likely to make profits more than 50,000 won.” The Defendant received from the victim a remittance of KRW 50,000,000 as investment money, around May 4, 2012, 200 won, around July 3, 2012, and around July 4, 2012, to the treatment securities account, respectively.

Accordingly, the defendant was given a total of KRW 135,00,000 by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A complaint;

1. A copy of bankbook;

1. Account transactions (attached to investigation reports);