A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant pays 460 million won to an applicant for compensation.

3.2

Punishment of the crime

From around October 2014, the Defendant, from around 2009, committed as if he had been engaged in an insurance company’s work to manage the assets of companies and VIPs in front of his affiliated persons, including middle school clubs, and had been working as an insurance solicitor around October 2014. However, even though the income such as allowances was in short of living costs, and did not act as an investment expert who paid a large amount of profit by investing in the stocks, even if he received money from another person as a stock investment name, there was no intention or ability to attract a large amount of profit by investing in the stocks.

Nevertheless, around October 15, 2014, the Defendant was transferred 360 million won as of the same day from the victim’s bank account in the name of the Defendant, to the victim D, who was aware of the Defendant’s middle school shop in Gangdong-gu Seoul Metropolitan Government that the Defendant was receiving a large amount of money by means of stock investment, etc., by means of the Defendant’s middle school dong-gu investment. (b) Investment experts who provide investment-related consulting in KING life and raise a high profit by investing in stocks. (b) Investment in stocks will be made. It is false to the effect that the Defendant would guarantee the principal and guarantee 25% of profits for two years.) and that said money was transferred from the victim’s bank account in the name of the Defendant.

Accordingly, the defendant deceivings the victim and 460 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes on remittance certificate, deposit in return, Kax, record recording, and detailed statement of passbook transactions;

1. Article 347 (1) of the Criminal Act applicable to the crime (Fraud or Selection of Imprisonment);

1. Sentencing under Articles 25 (1) and 31 (3) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for Compensation Orders;

1. The scope of sentence recommended by the sentencing guidelines (a decision of type).