A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On June 2012, 2012, the Defendant: “The Victim B studies the internal stock-related program and makes profits from the investment of stocks at the satisfaction restaurant in which it is impossible to know the trade name in the other side of the south-dong market at the Seocho-gu, Southern-gu, Gyeong-si.” The Defendant would pay profits every six weeks after making an investment, and would not be considered as damage to the principal of the investment.

“.....”

However, as the Defendant did not know the investment method that can make profits by guaranteeing principal of stock investment, even if he received the investment money from the injured party, the Defendant did not have the intent or ability to pay profits to the injured party or to guarantee principal of stock investment every six weeks, and some of the money received from the injured party under the pretext of stock investment was considered to be used for other purposes such as personal debt repayment and living expenses.

Around June 16, 2012, the Defendant, by deceiving the victim, was transferred KRW 40 million to a national bank account in the name of C (D) managed by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A statement of account transactions (B);

1. Application of Acts and subordinate statutes to a criminal investigation report (a suspect's statement concerning the reason why money has been remitted to an account under the name of the E);

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] of Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing of Article 62(1) of the Criminal Act / [the scope of recommendation] In the area of mitigation (one month to one year of imprisonment] [the person who has been specially mitigated] [the sentence] in a case where punishment is not imposed or considerable damage is recovered [the sentence] which is a larger amount than 40 million won, and there is a type of criminal offense, such as punishment, which is favorable to the victim: the amount of fraud is partly reimbursed, and the considerable portion of the amount of the money acquired through deception is used for the actual investment of stocks, and some profits are paid to the victim.