A defendant shall be punished by imprisonment for not less than five 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

The defendant is a person who has engaged in the solicitation of investors in the Korea Branch C, which is a Switzerland private equity fund company.

1. On January 25, 2018, the fraud Defendant received 8,000,000 won from the D Bank account in the name of the Defendant’s name on the following grounds: (a) the victim B made an investment in the Company C; (b) the victim B received dividends of 25-45% per week; and (c) the principal may be returned once every year; and (d) the Defendant received money from the said victim as Cinvestment.

However, in fact, even if the defendant receives the investment money under the above name, he did not use it as the investment money for C, and was planned to use it as the personal investment fund for the Vietnam company.

Accordingly, the defendant deceivings the victim as above, thereby deceiving 8,000,000 won.

2. On January 22, 2018, the Defendant received a remittance of KRW 9,184,600 from the said victim to Cinvestment, and subsequently returned the money to the account of E, which is the head of C.

In addition, on January 27, 2018, the Defendant: (a) received full return of KRW 9,184,600 from E through the bank account in the name of the Defendant; and (b) embezzled it by using it for the purpose of personal investment, personal debt repayment, living expenses, etc. of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on the details of accounts in D Banks;

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, the choice of imprisonment for a crime;

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

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

1. A compensation order issued in the criminal proceedings as the scope of the defendant's liability for compensation is unclear under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Dismissal, etc. of Application for Compensation, and the scope of such liability is unclear;