Defendant shall be punished by a fine of KRW 5,000,000.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 30, 2015, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Ulsan District Court, three years of suspended execution, and the judgment became final and conclusive on November 26, 2015. On September 9, 2016, the Ulsan District Court sentenced six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, etc. of Ulsan District, which became final and conclusive on June 24, 2017.

【Criminal Facts】

The defendant is a person who actually runs a stock company B.

Around September 2015, the Defendant made a false statement to the victim C, stating, “A three-month fund sold in D was made, and the one who agreed to invest KRW 300 million in this fund did not make an investment, thereby making the fund required to subscribe to the said fund. Not only interest but also interest, but also the damages arising from the cancellation of installment savings.”

However, there was no hybrid fund sold by D at the time, and even if the defendant received money from the victim, he thought that he would use it for personal purposes, such as living expenses and repayment of existing debts, and thus, he did not have the intent or ability to invest the victim's money in the said BF fund and to repay it three months after the maturity of the said fund.

As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 27 million from the victim’s account in the name of E Co., Ltd. on September 14, 2015; (c) transferred KRW 3 million to the Defendant’s account in the name of EF on the same day; and (d) transferred KRW 19 million to B’s name on September 22, 2015; and (c) transferred KRW 19 million to the same account on October 22, 2015; and (d) transferred KRW 68 million in total on four occasions.

As above, the Defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of witness G;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. C and H: