A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 12, 2009, the defendant was sentenced to the suspension of the execution of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seogu District Court's Branch Branch of Seogu District Court on November 12, 2009, and the decision became final

On August 9, 2006, the Defendant made a false statement to the victim D through C, an insurance solicitor, stating, “Once there is no problem in the current fund management, the principal shall be guaranteed, a certain amount of interest shall be paid every month, or a continuous investment shall increase profits with welfare by continuously investing interest, and at the request of return of principal, immediately return gifts after a certain period of time.”

However, the Defendant had already started from the end of 2004, before receiving futures investment from the victim, and since early 2005, the Defendant was unable to pay the interest or principal that was promised to investors due to continuous failure to invest in the futures trading. Therefore, the Defendant was unable to refund most of the investment funds received from investors including the victim as principal and principal to other investors, and there was no intention or ability to pay the principal and interest properly even if receiving the investment funds from the victim.

The Defendant received 4 million won from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

In addition, the Defendant received a total of KRW 68 million from around that time to January 3, 2008, as shown in the list of crimes in attached Form 12 by the aforesaid means, as shown in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Complaints, each monetary loan contract, and details of financial transactions;

1. Application of Acts and subordinate statutes to inquiry reports and copies of judgments;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The Criminal Act dealing with concurrent crimes;