A defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

On April 27, 2012, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Busan District Court for fraud, and on May 5, 2012, the said judgment became final and conclusive on May 5, 2012.

[2012 Highest 2159]

1. From February 2007 to April 201, the Defendant received investment from the victim C to pay the proceeds of KRW 80,000,000 from around August 2007, while working as an insurance solicitor at the future life insurance B from around February 2007 to around April 201, the Defendant was living in Japan from the victim around April 2009. Accordingly, upon receiving a request to return the investment proceeds, the Defendant returned the investment proceeds to the victim.

On April 22, 2009, the Defendant called the victim’s phone at the future life insurance B points in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) and made a false statement to the effect that “When you go to a day, how money will be managed, whether there is filial corporate bonds, an earning rate is fine, and a stable investment is considered.”

However, the Defendant received funds from the victim to purchase the company bonds in the name of the Defendant, and the Defendant did not have any intent or ability to purchase the effective company bonds in the name of the victim, even if the funds were received from the victim to purchase the company bonds.

The Defendant, as such, by deceiving the victim, received 50,000,000 won from the victim to the account in the name of the Defendant for purchasing corporate bonds on the same day, and received 281,00,000,000 won in total from around the time to February 24, 2011, including the transfer of 50,000 won from the victim to the account in the name of the Defendant, as shown in the attached Table (i).

[2012 Highest 549]

2. On June 30, 2010, the Defendant called the victim E by phone at a place where the address is unknown, and concluded that “When investing in a private person, the principal will be guaranteed if the investment is made, the shares with the investment deposit, and the bonds will return the profits and the principal due to a considerable amount of profit.”

However, the defendant is at the time.