A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[Criminal Justice] On September 18, 2007, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Gangnam Branch Branch of the Chuncheon District Court, and completed the execution of the above sentence on January 3, 2008.

【Criminal Facts】

1. On October 28, 2010, the Defendant committed the crime against the victim C, saying, “B shall have much experience in investing in the shares, and B shall distribute profits once a month if it is trusted and invested, and return the principal at any time if it is requested to return it.”

However, in fact, the Defendant had a criminal history of receiving punishment on the ground that he acquired money as a stock investment for a number of years without obtaining profits from the failure of stock investment, and was liable for a number of debts without any particular property or profits at the time. Since the Defendant used part of the money as a living expense, personal debt repayment, etc. rather than a stock investment, the Defendant did not have the intent or ability to pay the profits and return the principal even if it was received from the victim as a stock investment.

On October 28, 2010, the Defendant received total of KRW 20 million from the victim to the account used by the Defendant on or around October 28, 2010, and KRW 30 million from the said account on or around October 29, 2010, by receiving each remittance of KRW 30 million under the same name as the said account.

Accordingly, the defendant was given property to the victim by deceiving the victim.

2. On January 201, 201, the Defendant stated that “A victim E shall have much experience in investing in the stocks, if he/she has trusted and invested, he/she shall distribute the proceeds once a month, and return the principal at any time if he/she requests a return of the principal.”

However, the defendant is a victim for the same reason as the statement in paragraph (1).