A defendant shall be punished by imprisonment for one year.

Punishment of the crime

Around June 2016, the Defendant, at the Defendant’s office located in Yeongdeungpo-gu Seoul Metropolitan Government, stated that “The Defendant has made high profits from receiving 5 billion won from institutional investors in futures trading by receiving 5 billion won an investment from the institutional investors. The institutional investment funds are about 10 billion won, and it is reasonable to give more profits from receiving the investment funds from the investors. In fact, from the perspective of fact, it is difficult to say that the Defendant would make an investment. In addition, the Defendant would pay 36% interest per year by paying 36% interest. In addition, the principal of the investment will also be returned in full after one year. If the principal is to be returned prior to that time, it would be returned at any time by selling shares if the principal is written only two weeks prior to that time.”

However, the Defendant did not have received investments from institutional investors, and was not able to receive investments worth KRW 10 billion, and the Defendant did not have any intent or ability to return the investments within the agreed time limit, even if he received investments from the victims, since he did not have any property such as cash that can immediately repay the investments.

Ultimately, around July 25, 2016, the Defendant, by deceiving the victim as above, received transfer of KRW 170,000 won and KRW 170,000,000,00 from the victim’s wife E account (F) around July 25, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A personal investment agreement;

1. A certificate of details of transactions and a detailed statement of withdrawal transactions;

1. Application of Acts and subordinate statutes to each investigation report (No. 2, 4, 5, 7, 8, 9, 10, 22 No. 5 of the evidence list);

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively taking into account, the grounds for sentencing of imprisonment) concerning the crime;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years;