A defendant shall be punished by imprisonment for a term of one year and four 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 April 2016, the Defendant provided the victim C’s “D Company’s “In the office, it would have developed a stock program, which would automatically cause an earning rate,” and inform the victim of whether the option would result in profits at any time and until the sale of the program.

In the event of stock investment using the program, 100% of profits can be guaranteed, and in the Republic of Korea, profits from stock investment have been gained by using it.

When investing funds, the profits from the current account using the program will be reflected in one-half of the operating profits of the current account and the principal will be guaranteed.

The above program refers to the purport that it will be provided in an amount equivalent to KRW 200 million or KRW 100 million, and was provided with data that was obtained as a result of stock investment using the above program.

However, in fact, the Defendant had bad credit standing up to KRW 266-700 million due to the Defendant’s debt on the bank account, and had difficulty in performing financial conditions, such as having no other property. The aforementioned program merely puts some conditions on the Defendant’s provision from the securities company to its members, and gains some of the profits from the program using the above program. However, most investments did not have the intent or ability to pay operating profits to the victim or to guarantee the principal, even if the Defendant received investment funds from the damaged party, such as the failure of the said program and the absence of particular value.

Accordingly, the Defendant, as such, by deceiving the victim as such, received a total of KRW 100 million from May 2, 2016 to July 2, 2016, as shown in the list of crimes in the attached Table, on eight occasions, and deposited KRW 150 million around July 18, 2016 under the pretext of investment.