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

Of the facts charged in this case, the fraud of KRW 20 million on December 2, 2016 among the facts charged in this case shall be acquitted.

Punishment of the crime

[criminal power] On May 28, 2014, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Central District Court, and completed the execution of the sentence on January 12, 2015.

【Criminal Facts】

On December 2, 2015, the Defendant introduced himself to the victim B, who became aware of through golf club, as an expert in stocks, he gets a close-friendly relationship, and he gets delegated to operate stocks from the victim, and made a stock investment by operating the funds of several billion won loan borrowed in the name of the victim and the victim, but as a result, it is difficult to recover the principal amount properly due to cumulative losses, the Defendant became a serious demand from the victim in relation to the compensation for investment, etc.

1. On November 2016, the Defendant made a false statement with the purport that “If the Defendant lends money to a company that requires advance payment at the end of the year or at the beginning of the year, he/she shall be entitled to interest at 10% per month. In such a sense, if he/she lends money to a company that is a KOSDAQ-listed company as security for stocks, he/she may not incur any risk of loss of money and only return money that he/she has lost from stock investment during the said period. (b) If he/she lends money in KRW 100 million to B as security, he/she would lend money to C as security and receive interest, and return the principal and interest.”

However, even if the Defendant borrowed money from the victim, it was merely intended to make re-investment in stocks by using it, and did not intend to lend the money as collateral to the company, such as C, etc., and did not have any other intent or ability to repay the above money to the victim due to the absence of a certain revenue or holding property.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim the money of KRW 97 million on November 22, 2016 from the victim to the company bank account in the name of D (E).

2. The Defendant on January 2016