A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On January 12, 2017, the Defendant was sentenced to 8 years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seoul High Court on April 13, 2017, and the judgment became final and conclusive on April 13, 2017, and on June 14, 2018, the judgment became final and conclusive on June 22, 2018.

【Criminal Facts】

On August 26, 2011, the Defendant displayed the victim C’s profit-making from foreign exchange investment in the computer screen in the non-permanent room of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Btel, and introduced real-time foreign exchange program trade and integrated information, thereby making an investment in the foreign futures option, and the Defendant made a false statement to make an investment in his/her program.

However, the screen shown by the defendant was produced in advance and was not actually made a profit through foreign exchange investment, and there was no intention or ability to pay the principal of the investment and the profit that was promised to be used to distribute the money received from the victim to the person who first invested.

Nevertheless, the Defendant, as such, received KRW 964.5 million in total from 13 times until January 5, 2012, including deceiving the victim and receiving KRW 200,000 from the victim on August 26, 201.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. A criminal complaint and a criminal complaint filed for additional crimes;

1. A report on investigation;

1. Inquiries about details of transfers or deposits, and details of account transactions;

1. Previous records of judgment: Criminal history records, written judgments, application of the statutes governing the output of KICS;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the crime;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;