A defendant shall be punished by imprisonment for not less than eight 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

[Criminal Power] On December 5, 2018, the Defendant was sentenced to imprisonment with prison labor for one year for fraud, etc. in the Dong Branch of the Busan District Court, and the judgment became final and conclusive on the 13th of the same month.

【Criminal Facts】

1. On October 2015, the Defendant: (a) called the victim C who became aware of an investor at the time when the Defendant was employed in Company B; and (b) called the victim C by phone called to the victim C, who was employed in Company B, to move to the workplace of a company with more conditions than Company B; and (c) our company has invested in stocks and futures and left profits of 5% per month. In this context, the Defendant made an investment to pay dividends of 2% per month, and the principal amount is guaranteed, but the investment amount is changed.”

However, the defendant was merely an investor, not a D's employee, and was planned to use the investment and debt repayment for his own stocks without delivering it to D even if he received the investment money from the victim, and there was no intention or ability to guarantee the principal by paying dividends to the victim for no particular income and no asset.

Nevertheless, on November 17, 2015, the Defendant: (a) by deceiving the victim; and (b) received the total amount of KRW 10 million from the Busan Bank Account (F) on November 9, 2016; (c) KRW 10 million from the Busan Bank Account (G) on November 9, 2016; and (d) KRW 10 million from the same account on April 13, 2017.

2. On March 2016, the Defendant paid 2% dividend of each month and paid the principal to a company that pays profits by investing in stocks or gifts, when D, which is in office as the victim’s house located at the victim J's house located at the Busan H apartment I in the Seocho-gu Busan Y apartment I, as the company that pays profits by investing in stocks or gifts.

It stated that the shares will not be invested and that the investment is "h".

However, the defendant is merely an investor, not an employee of D, and even if he receives investment money from the victim, he/she does not deliver it to D and invests in his/her own shares.