A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

around January 2018, the Defendant, through a stock company C (hereinafter referred to as “C”) with a loan of KRW 300 million from a financial institution to the victim B, who became aware of the shares held by the victim through a share club, was willing to operate the shares by receiving a loan of KRW 300 million from the financial institution. The victim responded to this.

1. Around January 23, 2018, at a place where the Defendant was unable to know on or around January 23, 2018, the Defendant was in a position to receive a loan consultation from the said C team leader D, and the Defendant received Stockholm-related text messages from the said D and had already been aware of the above D, which was the C team leader, and thus, the Defendant was never introduced C. However, even though the Defendant did not need to receive the introduction fee, it was false to the effect that “it is necessary to pay KRW 5 million as the C introduction fee.” Accordingly, the Defendant received KRW 3 million from the victim, who was transferred money from the victim, to the Gyeongnam bank account (E) in the name of the Defendant on the same day.

2. Around January 24, 2018, the defrauded, at a place where it is not known on or around January 24, 2018, the Defendant was transferred KRW 10 million from the victim’s bank account (E) in the name of the Defendant on the same day, on the following grounds: (a) the Defendant, despite the need for the loan fee, etc., was deducted from the loan fee of KRW 6075,00,00,000,000,000 is deducted from the loan fee of KRW 300,000; and (b) even if the loan fee, etc. was not required, the Defendant was transferred from the victim to the bank account in the name of the Defendant on the same day.

3. Around January 31, 2018, the Defendant had no intent to create a new stock account for single transaction at a place where it is difficult to know on or around January 31, 2018. In fact, even if the Defendant received money from the said victim, the Defendant deposited part of the money into the “10 times Stockholm account” under the name “10 times Stockholm account,” which was already operated by the Defendant. The Defendant was merely able to receive a loan of 10 times the principal amount as security and to manage the account, and even if the Defendant was merely able to transfer money of 50 million won to the victim, the sum of KRW 50 million is added to KRW 50 million.