A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant promised to guarantee the principal and make a final return on profit to relatives and their neighbors, and received investments from them in the transaction of stocks from around 2015, and received KRW 190 million in total from around February 11, 2017 to April 17, 2017, and received KRW 50 million in total from the victim’s account under the same title as the sum of KRW 17,000,000 from the date on which the Defendant received KRW 100,000 from the AB bank account under the name of AB to the account of the company account, and from February 2016 to December 17, 2016.

However, in fact, since around May 2016, the Defendant was deemed to have suffered losses from futures transactions from around May 6, 2016, and was selling gifts until the time when the Defendant paid monthly interest to the existing investors, or when he incurred losses to pay interest to the investors on a fixed date. In such circumstances, the Defendant was expected to have failed to pay the principal or interest to all investors as a normal payment because all of the investments have to be paid at least KRW 20 million as interest per month, and there was no particular property in possession. Therefore, even if the Defendant received the investment from the victim under the pretext of futures investment, there was no intent or ability to return the principal as promised at the same time or to continue to pay the interest of 3% per month.

Ultimately, the Defendant, as seen above, by deceiving the victim, received a total of KRW 195 million from the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to AC by the police;

1. Application of the Kakao Stockholm dialogue and Account Transaction Statement Act 1.