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

Punishment of the crime

On February 10, 2011, the Defendant concluded that “B is the representative of the Asset Management Company E” in the Kimpo-si, Kimpo-si, 101 Dong 1103, and “B is the representative of the Asset Management Company E. When investing in bond-type goods, 12% interest per annum shall be paid along with the principal guarantee, and if investing in profit-type goods, the entire amount of profits excluding 3% of the principal guarantee and fee shall be paid as interest.”

However, in fact, the defendant invested in the shares with money from other persons at the time, but reported losses, and even if he receives money from the victim due to the situation where the principal and the profit of the investment should be paid to the above persons, he did not have the intent or ability to pay the money to the victim by investing in the financial product.

As such, the Defendant, by deceiving the victim, received KRW 600,000 from the victim to the F’s account on February 13, 2011, KRW 18 million on February 17, 201, and KRW 500,000 each month from February 14, 201 to February 13, 201, and received KRW 74 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. It is inevitable to sentence a sentence on the grounds that the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act concerning the crime are applicable to the punishment, and that the punishment is not restored by the amount of 67 million won out of the damage amount in the instant case;

However, the court's detention shall not be made in consideration of the fact that the defendant is the first offender, the defendant reflects his/her mistake, the need to give an opportunity to repay damage, etc.