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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On December 2, 2010, the Defendant made a false statement that “The Defendant invested the victim C in the shares of capital on the face of the shares, thereby reducing the profit.”
However, even if the defendant received money from the victim, he did not have the intention or ability to return the profit or the principal of the investment to the victim by investing in the shares.
As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim’s dynamic securities account (D) in the name of the Defendant, KRW 10 million on January 7, 201, KRW 100,000 on January 8, 2011, KRW 7 million on March 31, 2011, KRW 30,000 on March 31, 201, KRW 20 million on June 7, 2011, KRW 300,000 on August 13, 201, and KRW 9,10,000 on August 29, 201.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A complaint;
1. A sales contract for the entrustment of investment, a written statement, a certificate of deposit, a certificate of stock investment, a details of each account transaction, and a monthly return on assets;
1. Investigation reports (with respect to the details of accounts in the name of a suspect, attaching details of transactions, such as dynamics and securities accounts, and examining details of transactions, such as suspect's name dynamics and securities accounts), and the application of statutes
1. Article 347 (1) of the Criminal Act applicable to the crime;