A defendant shall be punished by imprisonment for six months.

The defendant will pay 20,000,000 won to the applicant B of the compensation.

Punishment of the crime

On September 2019, the Defendant would offer 50% of the principal to the victim B, who was known to the general public on September 2, 2019, with “F/X exchange rate investment, but the investment is made at a rate of 50% of the principal.

If the investment is lost, the principal shall be returned even if it is false.

However, the above F/X only was an investment method in which the principal of investment is not guaranteed, and the Defendant had already been investing in F/X from around 2016 to receive investment funds from C, etc., but it was a bad credit holder at the time, and there was no intention or ability to return the profits or the principal of investment, even if he/she received money from the injured party for the purpose of investment, such as not only the property but also the real estate subject to provisional disposition under the name of the Defendant.

Nevertheless, around October 29, 2019, the Defendant received each delivery of KRW 20 million from the damaged party to the said account at KRW 4,000,000,000,000 from the D bank account under the name of the Defendant, and around November 26, 2019.

Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 30 million and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report on investigation into the statement made by the police against B (verification of the status of property);

1. Application of Acts and subordinate statutes to accusations, transaction confirmation cards, details of passbook transactions, deposit receipts, credit information circulars, and detailed statement of passbook transactions;

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

1. The grounds for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Orders for Compensation and Sentence of Provisional Execution are divided in depth by the defendant, the victim has repaid KRW 10 million to the victim, and the circumstances that have no record of identical criminal records or criminal records exceeding fines, etc. are recognized as favorable circumstances for the defendant.

However, the crime of this case is that the defendant acquired the amount by deceiving the victim through his speech, and the circumstances and methods of the crime are very poor, and the amount of the fraud is also the amount.