Defendants shall be punished by imprisonment for eight months.

However, each of the above two years against the Defendants from the date of the final judgment.

Punishment of the crime

On December 2011, 201, the Defendants together, at a restaurant in which the trade name in the territory of the Sinwon-si of Suwon-si is unknown, the victim F is 30% of the monthly profits, and Defendant B is able to make an investment without any conditions since 30% of the monthly profits.

The purport was that the Plaintiff would pay 11% profits each month by investing in futures options, and return the principal in full at the request before one month.

However, there was no guarantee that there was such an earning rate as above, and the Defendants did not intend to invest the full amount of the money received from the injured party in the futures option transaction because they did not receive any particular profit at the time, and there was no intent or ability to pay the profits that they guaranteed and promised to guarantee the principal, even if they received the above money from the injured party, and there was no intention to use some of them as personal living expenses or the payment of profits to the existing investors.

The Defendants received from the injured party a total of KRW 40 million from the new bank account in the name of the Defendant A to the new bank account in the name of the Defendant, KRW 45 million around December 9, 201, KRW 45 million around the 27th of the same month, and KRW 135 million around the 28th of the same month.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statements made by the Defendants and F concerning the interrogation of suspects in the prosecutorial protocol against the Defendants

1. Statement made by the police with regard to F;

1. Account details, balance, and certificate of transactions;

1. Application of the Act and subordinate statutes to report on investigation (report on the result of interview with the Defendants)

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act (Selection of Imprisonment)

1. Defendants on probation: Article 62(1) of the Criminal Act.