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

Punishment of the crime

On August 5, 2011, the Defendant stated that “Around August 5, 2011, the Defendant expressed how to use the Defendant’s female job offers C and the victim D and D, who are the births of C and C, shall use the Defendant’s money, and C and the victim provided that “A and the victim shall guarantee the principal and profit by operating D’s money by investing it with stocks and funds for one year by investing it in the stocks and funds.”

However, in fact, the Defendant had no intent or ability to pay the principal and profits agreed upon by the victim by investing the money in the stocks and the fund, even if the Defendant received money from the victim because he/she did not invest in the stocks and the fund because the public performance planning company, which was in progress in Japan, was suspended after the Japanese earthquake on March 201, and the company's financial situation has deteriorated as a result of the aggravation of the company's financial situation, and the company's operating expenses, etc. were urgently needed.

Nevertheless, the Defendant, as such, by deceiving the victim, obtained the delivery of KRW 30 million from the victim to the Defendant’s national bank account (E) on August 19, 201, KRW 40 million on August 23, 201, KRW 15 million on August 24, 201, and KRW 85 million on August 24, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Account transactions, details of personal financial transactions;

1. Application of Acts and subordinate statutes of a fund operation contract;

1. The grounds for sentencing [the scope of recommending punishment] under Article 347(1)(a) of the Criminal Act and Article 347(1)(a) of the Criminal Act for criminal facts are as follows: (a) the general fraud [the scope of recommending punishment] [the sentence] under the basic area (from June to one year and six months)] [the sentence] under the unfavorable circumstances: the amount obtained by deceit is not a large amount; and (b) some favorable circumstances, such as the fact that there was a record of punishment for the same kind of crime have been restored: the defendant's age, sexual behavior, environment, motive, means and consequence of the crime; and (c) other circumstances, such as the situation after the crime, etc. are above all.