A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is an insurance solicitor, and on May 2012, the defendant became aware of the victim B while entering into the police of the re-examination.

On July 2014, the Defendant calls from the victim in the Buddhist land of Incheon or lower in order to pay profits without loss by attracting investment funds for at least ten years.

There have been many customers who have contributed to attracting money.

Madern investors who are due and payable to the following month’s maturity; and

In doing so, a false statement was made that the return on investment would be 8 to 10%, and the principal will be guaranteed.

However, in fact, there was no fund that can give the defendant an earning rate to the defendant, and the defendant thought that he would receive the above money and repay his personal debt, and the defendant did not have the intent or ability to use the money to make profits to the victim or to pay the principal by using the fund investment with the money granted from the victim.

On July 25, 2014, the Defendant received KRW 20 million from the damaged person as a fund investment deposit from the Defendant’s account under the name of the Defendant. From the same day to April 3, 2017, the Defendant received KRW 260 million in total through the account in the name of the Defendant from the damaged person eight times, as shown in the list of crimes, from the same day to April 3, 2017.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] In general fraud, Type 2 (at least KRW 100 million, but less than KRW 500 million) is the mitigation area (from October to February 6) [the person who has been specially mitigated] is not subject to punishment or has been recovered from considerable damage.