A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On December 22, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in the Goyang Branch of the District Court, and the judgment became final and conclusive on April 6, 2018.

On May 30, 2013, the Defendant made a false statement to the victim D’s house located in Gyeongnam-si apartment C, stating that “The Defendant would have made it possible to secure the profits of a high return of 3 to 14% or more per annum by crowdfundinging money from investors in the financial investment business chain, in which the Defendant is working as an investment adviser, and investing in non-performing loans, non-listed stocks, etc. in the E company E, thereby guaranteeing the profits of a high return of 3 to 14% or more per annum.”

However, the above “E” account was not a E company account, but a personal account stating “E” in the name column when the Defendant opened an account. The Defendant did not use the money transferred from the victim to the said deposit account for investment, but intended to use it as the payment of the proceeds promised to other investors and the cost of personal living, etc., so there was no ability or intent to guarantee the principal and the profit promised to be promised by the victim.

The Defendant, by deceiving the victim as such, received KRW 491,80,000 in total from the said bank account over 15 times until February 9, 2017, including remittance of KRW 21 million from the said bank account on or around May 30, 2013 to the said bank account as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police station and prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. The list of evidence 2 through 7, 13, 14, 17, 18, 19;

1. Previous records: Application of criminal records and investigation reports (suspects' previous records and attachment of judgment) and statutes;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act for concurrent crimes is the confession of the crime in this case.