A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On June 23, 2010, the Defendant: (a) at D’s office located in 102 dong 304, Busan B apartment house of 102 dong 304, the Defendant was the victim E’s losses.

If investment is made in the FX M&C, there is no possibility of loss of principal and it can bring about a strict profit.

The 20% of the monthly 20% of the revenues was discussed as “Nice Investment Bolar”.

However, in fact, the Defendant did not know the investment method of the FX M&C and was planned to use some of the investment funds paid by the victimized party for the dividends to the existing investor or the personal use of the Defendant. The FX investment did not have the intent or ability to guarantee the principal or to pay high profit even if it receives money from the victimized party because it is substantially impossible to guarantee the principal due to the high risk of futures and options transaction for foreign exchange.

Nevertheless, on June 24, 2010, the defendant deceivings the victim as above and acquired 20 million won from the victim to the foreign exchange bank account (F) account of the defendant around June 24, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police and the prosecutor's office with respect to E, D and G;

1. Application of Acts and subordinate statutes to a report on investigation (to listen to each telephone call);

1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act [the scope of recommending punishment] The basic area (from June to January, 16) [the sentence] of type 1 (the scope of less than KRW 100 million) of the General Fraud [the sentence] of the crime of this case is not likely to cause principal loss to the victim even though the defendant has no expertise in foreign exchange transactions, and to misleads him as if he could bring profits to the victim and make it possible to bring profits to the victim.

Even in 205 and 2016, the Defendant was punished by a suspended sentence of imprisonment and a fine for any crime similar to the instant case, and around eight years after the instant case.