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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

1. Around October 2015, the Defendant made a false statement to the victim D, who was aware of the fact at the “C” marina business located in Ulsan-gu, Ulsan-gu, Seoul-gu, where the Defendant was in operation, that “I would make profits by making an investment in stocks, and would make profits by dividing them, and would compensate for damages within the scope of damages, if any.”

However, the Defendant did not have any special property or income, and around December 4, 2015, there was no economic reason to use card loan of KRW 15 million in E card and there was no intention or ability to compensate for the damage to the victim even if the loss was incurred in stock investment.

As above, the Defendant, by deceiving the victim as above, received the Fsecurities account in the name of the victim containing KRW 20 million from the victim on December 4, 2015, and received KRW 5 million from the same account on December 9, 2015, and obtained KRW 12 million from the same account on April 5, 2016, and acquired KRW 37 million in total from the same account on the same date.

2. On March 29, 2016, the defrauded of the borrowed money: “Around March 29, 2016, the Defendant borrowed money from the victim with the borrowed money and sold shares held within three days if he/she borrowed money for two to three hours from the sale of shares.”

However, in fact, the defendant received money from the victim and thought to use it for the repayment of the existing debt and the investment of the shares, and he did not have any intention or ability to repay the money within three days after selling the shares.

As above, the Defendant, by deceiving the victim, obtained KRW 10 million from the G bank account in the name of the Defendant on the same day, KRW 20 million from the same account around March 31, 2016, and acquired KRW 10 million from the H securities account in the name of the Defendant on April 4, 2016, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A certificate of borrowing, payment order, account transaction details, I reply data;