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

The defendant will pay 102,800,000 won to the applicant through fraud.

Punishment of the crime

[Criminal record] On October 21, 2015, the Defendant was sentenced to imprisonment for fraud at the Seoul Eastern District Court for two years and six months, and completed the execution of the sentence on December 30, 2017.

[2] On February 2018, the Defendant is a stock investment expert who, by accessing the Internet C-rating site in Seongdong-gu Seoul Metropolitan Government Sungdong-gu around February 2018, knows the victim B about two to three employees while operating an individual office for stock investment in Korea.

The employee paid KRW 600 to 70 million per employee, stating that it would be possible to make a profit at least 20% per month if he/she makes an investment in the Republic of Korea if he/she did not have any damage to the purchase of shares, and if he/she made an investment in shares, he/she would be able to make a full payment.

However, in fact, the Defendant did not have a stock investment specialist and was thought to consume the amount of stock investment due to the alcohol price repayment and living expenses even if he received the money from the injured party, so there was no intention or ability to pay profits to the injured party.

On February 20, 2018, the Defendant received from the injured party a total of KRW 12.8 million from around February 20, 2018, from the time to April 28, 2018, the Defendant acquired a total of 28 million through a delivery of KRW 12,80,000,000 from around 28 times, as shown in the List of Offenses.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. A detailed statement of transactions of deposit and withdrawal, a detailed statement of deposit transactions, H-cape, details of I account transactions, telephone call details, and each investigation report;

1. Previous convictions: Inquiry about criminal history, current status of personal confinement, and application of the text of the judgment;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 25(1), 31(1), 31(2), and 25(3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Sentence of Provisional Execution [Recommendation Sentence]