A defendant shall be punished by imprisonment for not more than ten 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

1. On May 23, 2013, the Defendant would make a stock investment to the victim F at the E coffee shop located in the D located in Bupyeong-gu Incheon Bupyeong-gu, Incheon. The Defendant would leave stable profits if he/she receives investment from investors.

‘False speech' was made.

However, the defendant had already reported losses from investment in stock since one year prior to investment by the victim, and had reported losses continuously during the period of investment by the victim, so there was no intention or ability to return the profits from investment in stock even if he received the investment from the victim.

Nevertheless, the Defendant, on May 23, 2013, constantly deceiving the victim by means of showing each month a report on the investment result in which the Defendant, as a result of investment, received KRW 5 million from the Defendant’s U.S. Securities Account (G) from the victim to the account (G) of U.S. Securities (G) under the pretext of stock investment, and that there was a share investment profit from the victim, and its affiliation from that date until August 4, 2014 to that of August 4, 2014

1. A total amount of KRW 104,421,627 was remitted to the said account not less than nine times as described.

2. On February 2014, the Defendant: (a) around the end of the 2014, in the mutual French page located in the branch of the Sungnam-si, Sungnam-si; (b) the victim H was able to secure the principal and make profits by selling the shares in a stable manner; and (c) the Defendant cannot be deemed as having suffered losses since F made an investment of KRW 100 million to make profits KRW 15 million.

The phrase “ makes a false statement.”

However, the defendant had no intention or ability to return the profits from stock investment even if he receives the investment from the damaged person, since the cumulative trading profit and loss ratio of stock investment was about about 40 million won at the time.

Nevertheless, on February 26, 2014, the Defendant received KRW 3 million from the injured party to the above-mentioned securities account of the Defendant under the pretext of investment in stocks.