A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the fraud against the victim C is acquitted.

Punishment of the crime

On November 6, 2013, the Defendant was sentenced to five years in Seoul Western District Court to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the above judgment was finalized on March 27, 2014.

Criminal facts

On April 2010, the Defendant made a false statement to the victim D that “I will pay a profit exceeding 40% of the investment amount through an in-house Lz investment and an investment in stocks, if I will pay money to D” at a health club where the name in the middle-gu Seoul Metropolitan Government is unknown.

However, in relation to the operation of the investment fund received from the victim, the defendant thought that the above investment fund was used without providing the victim with information related to investment, such as asset management status, and was used without permission by the defendant for personal investment sources of the defendant or futures trading with high risk of principal loss.

The Defendant received KRW 10 million from the victim to E account on May 7, 2010; received KRW 61 million from the same account on April 15, 2011; received KRW 20 million from the same account on June 7, 2011; received KRW 30 million from the same account on January 27, 2012; received KRW 30 million on the same account on February 3, 2012; received KRW 5 million on the same account on February 6, 2012; received KRW 46 million on the same account on February 7, 2012; received KRW 30 million on the same account on the same date; received KRW 30 million on the same account on the same date on April 21, 2012; received KRW 30 million on the same account on the same date on the same date on the same date on the same account on the same date on the same date on the same date on the same account on the same date on the same date on the same date on the same account;

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Previous convictions: Application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes [the scope of recommending punishment] general fraud.