A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 16, 2011, the Defendant began to return part of the Defendant’s capital since early 2012 due to an agreement on payment of excessive profits and bearing interest on loans, etc. from the Defendant’s capital to KRW 6-70 million, including transfer of KRW 100 million to the account in the name of the Defendant at around that time from the victim who has selected the principal security type by stating that “I will pay 3% of the monthly capital to B. In the case of principal security type, I will pay 70% of the profits accrued if it is not the principal security type, and will pay 10 million won of the profits accrued if it is not the principal security type.”

On June 19, 2012, the Defendant made a false statement to the effect that “if an additional fund is invested, the Defendant would guarantee the principal and pay a monthly profit of 3% on the said condition” to the victim C.

However, there was no intention or ability to pay profits or return the principal even if the defendant received additional money from the victim because the defendant did not generate profits as above and losses accumulated around that time.

The Defendant received KRW 100 million from the victim to the account of the Defendant at around 15:00 on the same day, and received KRW 70 million from the same method on August 1, 2012.

Accordingly, the defendant deceivings the victim, thereby deceiving 170 million won.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a copy of trading statements;

1. The reason for sentencing of the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the crime of this case is that the amount of damage caused by the instant fraud of this case is KRW 170 million and most of the damages are assessed.