A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 21, 2014, the Defendant stated that “D” in the Seoul Special Metropolitan City Gwangjin-gu 101 Dong C’s 101, “The Defendant would pay the victim E the profits of KRW 15 million per month by trading futures options, thereby paying the profits as interest, and the principal will be responsible and repaid until August 31, 2014.”

However, in fact, since the Defendant did not have any particular information related to futures option trading, it was uncertain whether to pay the monthly income of KRW 15 million, and there was no particular property and there was no ability to repay the principal within the time limit.

As such, the Defendant, by deceiving the victim, received KRW 50 million on the same day from the victim to the account in the name of the defendant under the name of the victim for the purpose of borrowing money.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Each police statement made to E and F;

1. A copy, etc. of an agreement on consumption and borrowing;

1. Application of Acts and subordinate statutes to a copy of verification;

1. In light of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the grounds for sentencing of punishment [the scope of recommendation] [the grounds for sentencing of imprisonment] No person [the person who is subject to special sentencing] in the basic area (from June to January 6] (the scope of punishment is less than KRW 100 million] [the decision of sentencing] [the decision of sentencing] the circumstances and contents of the crime of this case, the degree of damage, the degree of damage, the non-agreement with the victim, the damage has not been recovered, some of the money obtained by deceptions are not used in conformity with the purpose, and the crime was committed again even though there was the same criminal record as the suspended sentence, it is inevitable to sentence the defendant to the punishment.

However, in determining the specific punishment, it comprehensively takes into account all the circumstances shown in the arguments, such as the confession and reflectiveness, the fact that there is no record of criminal punishment except for the same kind of criminal record, the age, career, health status, and family relationship of the defendant.