A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On October 11, 2012, the Defendant was sentenced to a suspended sentence of two years and a fine of 15 million won for a crime of violation of the Financial Investment Services and Capital Markets Act at the Seoul Western District Court, which became final and conclusive on July 25, 2013.

On October 201, 201, the Defendant told the victim C to pay interest of KRW 20 million in total within 1-2 months if he/she had developed an epoch share purchase program that enables him/her to pay a large amount of money due to the stock purchase, and requested it to the program manufacturer company, and the production has been delayed due to the lack of production costs.

However, in fact, D Co., Ltd. operated at the time of the Defendant did not have funds to cover operating expenses of the company and employee pay, and there was a situation in which the company’s door was closed due to the liability of KRW 270 million, and even if the Defendant received money from the victim as the cost of program production, he thought that most of it would be used as Defendant’s office operating expenses, employee’s salary, interest, etc., and thus, the Defendant did not have any intent or ability to reduce the principal and interest at the same time as the Defendant promised to incur profits by manufacturing and operating

As such, the Defendant, by deceiving the victim as such, received from the victim the delivery of KRW 5 million on October 25, 201, the sum of KRW 43.8 million on October 27, 201, KRW 53.5 million on September 5, 201, and KRW 53.5 million on November 25, 201, as the cost of producing the program from the victim to the post office account in the name of the Defendant (E).

Summary of Evidence

1. The legal statement of the witness C;

1. Partial entry of the suspect interrogation protocol of the defendant by the prosecution;

1. A complaint, a loan certificate, and a copy of cash custody certificate, and details of each account;

1. Previous records of judgment: Application of two copies of criminal records and copies of judgment;

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