A defendant shall be punished by imprisonment for one year.

except that 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

[2014 Highest 2876]

1. The Defendant committed the crime against the victim D made a false statement to the effect that, around November 2011, the F Company’s office located in Ssung, the victim D, who is a employee employee, was making an investment in shares after he/she left his/her home-friendly G in the form of an investment fund, and making a lot of profits. The Defendant made a false statement to the effect that, “The Defendant would make profits more than 10% of the profits out of 3 months since he/she would make profits out of the presidential election campaign to whom he/she would receive the share investment.”

However, in fact, the above G was not in the relationship with the Defendant as a securities broadcasting list, and the Defendant did not think that the Defendant was directly making an investment in stocks, but did not think of delegation of investment in stocks to the said G. At the time, the Defendant thought that all of the money received from the victim was used for the repayment of his/her debt, etc. without using it in the stock investment, and there was no other intent or ability to return the principal and interest of the equity investment to the victim as agreed upon by the victim

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 35 million from the victim to the Defendant’s corporate bank account as a stock investment deposit around November 21, 201.

2. Around July 2012, the Defendant made a false statement to the effect that “The Defendant, at the above FF Company’s office, made an investment in shares with the victim H, working for the Defendant, “at the time when he/she was employed as a broker for the KF Company, he/she was making an investment in the KF Company, and there is a large amount of profits. The Defendant would make 50% of the profits to be paid for the investment in shares to him/her within the two months, on the face of a week.”

However, the defendant did not have the intent or ability to return the principal and interest of stock investment to the victim according to the agreement as stated in Paragraph 1.

Nevertheless, the Defendant, by deceiving the victim as above, and deceiving the victim from the victim under the pretext of equity investment, shall make up for the Defendant’s corporate bank the amount of KRW 20 million around July 13, 2012.