A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On July 9, 2012, the Defendant called the D Co., Ltd. office operated by the Defendant in Gangseo-gu Seoul Metropolitan Government, and the victim F, who is an employee of E Co., Ltd., a partner company, to make an investment in the category of good shares.

It refers to the purport that profits have been guaranteed, and investment is Hahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhn

However, in fact, the Defendant did not have any information on the issue of stocks for which high profit is expected, and there was no intent to distribute profits through investment in stocks, and there was no intent to distribute profits through investment in stocks. Since it was difficult to expect profits through the operation of business due to tax delinquency, delayed payment of wages, etc. at the time, there was no ability to pay the above money to the victim.

The defendant deceivings the victim as above, and he took over 2.5 million won through the bank account in the name of the defendant on the same day from the victim to the bank account in the name of the defendant on the same day by remittance of 10 million won and 7.5 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of F in the second suspect examination protocol against the accused during the police service;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on account transactions;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. Recommendation and sentence of the sentencing guidelines: Where the victim is also fully responsible for the occurrence of a crime or the expansion of damage to the victim in the mitigation area (one month to one year) of Class 1 (the scope of punishment to be recommended) of the general fraud at the time of choosing the punishment of imprisonment (the scope of punishment to be recommended) (one year from January to one year);

1. A favorable circumstances: The fact that the defendant commits a mistake and reflects on the situation, and that he/she has not been convicted of more than a fine after 205;

1. Unfavorable circumstances: The injury has not been recovered, and the defendant shall be punished by imprisonment for the same crime;