A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On September 16, 2010, the Defendant made a false statement that “Around September 16, 2010, the party branch located underground in Yangcheon-gu Seoul Metropolitan Government C building operated an investment company by employing two subordinate staff members, and entered into a special discount agreement with the issuing branch of treatment securities, but the amount of investment is not 30 million won at a special discount, and thus, the Defendant did not receive special discount.” As such, the Defendant made a false statement to the effect that the Defendant would return the shares at a high rate of return upon receiving a special discount on the face of the transfer of a part of the securities owned by the Defendant.”

However, there is no fact that the defendant has personal experience of investing in stocks, and there is no fact that he did not operate an investment company, and there is no fact that he did not receive special discount benefits on the ground that there was no special discount agreement with a trading partner of treatment securities, and even if he received stocks from the victim, he did not think that he would exchange them in money and use them as living expenses, and there was no intention or ability to make profits from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, acquired 9,600 shares of E company owned by the victim from the victim to his/her own account on the same day and acquired 30,817,000 shares from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to trade statements);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] and the reason for sentencing under Article 62-2 of the same Act [the scope of recommending punishment] there was no basic area (6 to 100 million won) (6 to 1 year and 6 months) [the decision of sentencing] damage restoration (the decision of sentencing]. However, the fact that the defendant recognizes and reflects the crime, the fact that the defendant has no criminal record of the same kind of crime, and other