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

1. On March 9, 2012, the Defendant made a false statement to the victim D, stating that “The Defendant is a member of the NIS, who is an employee of the NIS, is employed in a disguised manner in the vehicle,” and that the Defendant would also purchase and sell the stocks as an employee, who would benefit from the sale, and the Samsung electronic stocks will also purchase the stocks.”

However, the facts are that the defendant is not a NIS employee, but has not been employed in the car, and that he did not receive money from the victim and thought that he would use it as the money such as the cost of transfer with the victim, and even if he received the money from the victim, he did not have the intent or ability to purchase the above shares.

As such, the Defendant, by deceiving the victim, received KRW 5,015,00 from the victim to the Japanese bank account under the name of the Defendant on the same day, and acquired KRW 27,735,600 in total from the same day to May 3, 2012 by transfer of KRW 27,735,60 in total as funds for purchasing stocks on five occasions from the same day.

2. On June 2012, the Defendant, who acquired the name of the auction fund, made a false statement to the victim that, within the Defendant’s vehicle at a place where it is impossible to know the location below the Seoul Seodong-dong Seoul, the Defendant would be entitled to twice the monthly rent currently being sold to the Defendant. Since an auction is a setting, money is needed at an appropriate time. It is necessary to change the auction fund.”

However, even if the defendant received money from the victim, he did not have the intention or ability to obtain an auction of the officetel in Gangnam.

The Defendant, by deceiving the victim as such, obtained the victim’s authorized certificate and password on the same day from the victim, and transferred 35 million won from the victim’s bank account to the said Japanese bank account.