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

except that 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

On April 11, 2007, the Defendant stated that “B will pay money to the victim C by selling stocks with money,” at a main point where the trade name in Gangnam-gu Seoul is unknown, Gangnam-gu, Seoul, the Defendant said that “B will guarantee the principal even if it suffers any loss.”

However, the Defendant did not have a certificate of fund manager, and there was no intention or ability to guarantee the principal even if he received money from the victim because the Defendant thought that he would not return to the existing investor by receiving money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 1 million from the victim to the Korean Investment Securities Account in the name of the Defendant, and acquired KRW 68,700,000 in total from April 11, 2007 to January 23, 2010, including the statement in the attached crime list, by deceiving the victim as above, and taking over KRW 68,70,000 from the victim four times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. A complaint;

1. Application of Acts and subordinate statutes on financial transactions;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act; Article 62 (1)