A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

From October 2015, the Defendant had the victim B, who had been going between the people, prepare the money, received the money in the form of investment money in order to use it.

On December 2015, the Defendant concluded that “The Defendant would pay 10% annual profits and guarantee the principal, if he/she invests in a company that is going to the investment company that manages the hedge fund, while setting up an investment amount of KRW 200 million, in a mutually unclaimed restaurant in Mapo-gu Seoul Metropolitan Government.”

However, at that time, D, the representative director of C, the Defendant, was the state of departure from Austria on September 2, 2015, and C, the company did not have any intent or ability to pay 10% annual profits to the victim and to guarantee the principal by paying the profits to other investors or personal living expenses in return for receiving money from the victim as a means of investment. The Defendant did not have any intent or ability to pay 10% annual profits to the victim by investing in the investment products of C, or managing the investment funds in personal form.

Nevertheless, the Defendant, by deceiving the victim as above, received 39,680,000 won from the E bank account (F) in the name of the Defendant around January 25, 2016, from the victim, and acquired the money by remitting the total amount of KRW 195,00 million over six times from that time to September 11, 2016, as shown in the crime list, from that time.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. A petition for complaint and accompanying documents;

1. E-mail (mail No. 20,46,47) and G data (mail No. 48 to 50);

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Legal penalty;