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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On December 22, 2011, the Defendant, while working as a securities expert in cable TV, etc., provided the victim with a share information to purchase the shares equivalent to KRW 240 million of the GS Global Company’s shares by providing the victim with a share information, but around May 201, the Defendant had the victim purchase the shares equivalent to KRW 240 million of the GS Global Company’s shares. However, as a result of the decline in the share price, the Defendant had the victim believe himself/herself as a securities expert, and had the victim receive a personal share investment under the pretext of a share investment.
On December 22, 2011, the Defendant would create KRW 200,000 as principal and investment profits to the victim at a restaurant where it is impossible to know the trade name located in Yongsan-gu in Yongsan-si in Gyeyang-si, Yongsan-si.
“A false representation was made.”
However, even if the Defendant received money from the injured party, he thought that he will make a new share investment by using the share account used by him, and further some of the injured party's money was thought to be used individually, and even if he received money from the injured party, he did not have the intent or ability to make an investment for the injured party or to left the victim's profits.
The Defendant, as such, by deceiving the victim, was remitted from the victim to the corporate bank account (D) in the name of the Defendant to KRW 100 million on the same day, and KRW 130 million on the following day, in total, KRW 30 million under the name of the Defendant.
2. On August 30, 2012, the Defendant: (a) committed a large amount of money from the victim as above; and (b) thereby, the Defendant was willing to obtain additional money by using the fact that the victim who was responsible for a large amount of money to the Defendant is bound to comply with the Defendant’s request; and (c) the place on August 30, 2012 is known.