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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 2012, the Defendant made a false statement to the victim, who was aware of the victim D’s restaurant operated by Nowon-gu in Seoul Special Metropolitan City, as a usual insurance solicitor and customer, that “in Korea, through a person in charge of stocks of our company, would pay high profits by investing in stocks of our company.”
However, even if the defendant receives money from the victim, he thought that he will borrow money from the victim as a business fund, and he did not have the intention or ability to make profits by investing in stocks for the victim.
Nevertheless, the Defendant, by deceiving the victim as such, received money from the victim to the national bank account (E) in the name of the Defendant under the name of the victim for the purpose of stock investment, and acquired it by deceiving the victim on August 3, 2012.
Summary of Evidence
1. The defendant's legal statement (the statement on the fourth trial date);
1. Statement D in the second police interrogation protocol against the accused;
1. Application of Acts and subordinate statutes to the head of an accusation and the details of deposits transactions;
1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the crime, the grounds for sentencing of sentence of sentence [the scope of recommending punishment] general fraud and the basic area (one to four years) (one to four years) of the punishment (the amount exceeding 100 million won, and less than 500 million won) of the punishment does not exist (the decision of sentencing] (the decision of sentencing] 1 year;