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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, around January 2014, at the victim D’s residence of Jinjin-si 102, told the victim that “Agregrh was punished with a large amount of money that he would have been able to purchase the shares of options.” However, Korea also made a false statement that “Agregrh was able to make an investment like options by gathering money jointly.”
However, the Defendant did not have any idea to jointly invest money with the victim because he did not have any money in his possession, and did not notify the victim that the option investment product is a product with a high loss ratio, and even if he received money from the victim, he did not have any intent or ability to make joint investments in stock options.
The Defendant received 7.5 million won, around February 7, 2014, around 2014, around 23, 2014; 25 million won around May 23, 2014; 50 million won around July 24, 2014; and 50 million won around July 25, 2014; and 50 million won around July 28, 2014, respectively.
Accordingly, the Defendant was given a total of KRW 182,50,000 by deceiving the victim as above.
Summary of Evidence
1. Defendant's legal statement;
1. D's statement of the police suspect interrogation protocol against the defendant
1. To enter in the investigation report (including personal information of the suspect and submission of a statement of transactions of passbook);
1. Application of the respective Acts and subordinate statutes stated in the details of alternative securities account transactions, copies of passbooks, details of account transactions, statement of alternative securities transactions (E), and statement of alternative securities transactions (F);
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);
1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. The scope of punishment by law: Imprisonment for not less than one month but not more than ten years;
2. The range of recommending punishment according to the sentencing guidelines [decision of types of punishment] means fraudulent crimes, types 2 (at least 100 million won, less than 500 million won) among general frauds (special persons] punished and not subject to punishment [the scope of recommending punishment] shall be sentenced to imprisonment for not less than 10 months but not less than 2 years and June.