A defendant shall be punished by imprisonment for not less than eight 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 January 8, 2010, the Defendant was sentenced to imprisonment with prison labor and four years and six months at the District Court for fraud, etc., and the judgment became final and conclusive on March 25, 2010.

On September 29, 2008, the Defendant retired from office D 1006 operated by the Defendant, who was in the Yongsan-gu Seoul National University's business department and worked as futures options in lieu of securities, and died from his body.

B. The purpose was to make a false statement to the effect that a person will receive 10-25% of the monthly amount of investment in return for the receipt of money as a gift option investment.

However, the Defendant did not graduate from the Seoul National University, and did not have worked as a futures option in substitute securities, and even if the Defendant received investment money from the damaged party as the status of reporting losses from investment in futures options at the time, there was no intention or ability to make such profits.

The defendant deceivings the victim as above and was delivered KRW 13.3 million to a new bank account under the name of the defendant on the same day by the victim.

The defendant, from the above day to January 2, 2009, had been delivered KRW 3127 million in total by deceiving the victim 24 times in the same manner as the list of crimes in the attached Table, as in the same manner as the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of resume, a written confirmation of transaction details, and a detailed statement of transaction;

1. Previous convictions: A reply to inquiry, such as criminal history, a copy of each written judgment, and application of Acts and subordinate statutes concerning investigation reports (Attachment of relevant case rulings);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. An unfavorable circumstance, such as the fact that the amount of the Defendant’s defraudation of the reason for sentencing under Article 62(1) of the Criminal Act is a relatively small amount, and the Defendant commits the instant crime.