A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 3, 2016, the defendant made a stock transaction with the victim C in the office located in Gwangju-gu, Nam-gu, Gwangju, about the amount of KRW 100 million.

If you receive money from B, you will pay the profits by investing in the shares.

The principal shall be guaranteed, and the 10% of the monthly revenue shall be paid.

“A false statement” was made.

However, in fact, the Defendant had been in excess of the obligation due to the occurrence of losses after making a stock investment in several years, and did not pay more than 10% of the monthly profits. Even if he received money from the injured party, he did not have the intent or ability to pay the agreed principal and the profits even if he received money from the injured party as compensation for losses or profits.

Nevertheless, the defendant deceivings the victim as above and transferred 24 million won to the account in the name of D on the same day by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of each account transaction;

1. Application of Acts and subordinate statutes to a report on investigation (referring to arranging details of the use of damaged funds);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The punishment of the crime of defraudation, such as using the investment money of the victim for the reason of sentencing under Article 62(1) of the Criminal Act, is not less complicated.

However, the defendant's mistake and reflects, the primary offender who has no record of criminal punishment, the 22.5 million won out of the fraud, the victim's attitude to obtain a normal high rate in a short period, and the victim's attitude to obtain a normal high rate in a short period, and the defendant's age, sexual conduct, motive and means of the crime, and circumstances after the crime, etc., shall be determined as ordered by taking into account all the various sentencing conditions in the process of the trial and records of this case, including the defendant's age, sexual conduct, motive and means of the crime, and circumstances after the crime.