A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[Criminal history] On March 23, 2016, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on September 9, 2016.

[2] The Defendant, on July 2014, purchased Samsung SDR issuance shares (hereinafter “instant shares”) to the victim D, who is the mother of female-friendly C around July 2014, prior to the public offering, and entered them into an over-the-counter trading account in the name of the victim.

After the public offering, a lot of profits can be obtained through large prices of profits from the market price.

The security of the family, other than the family, shall be requested.

“The phrase “ was false.”

However, the Defendant did not have any intention or ability to purchase the instant shares in an over-the-counter transaction and bring them into the account in the name of the victim.

Around July 31, 2014, the Defendant, by deceiving the victim, received KRW 200 million from the victim to the national bank account under the name of the Defendant and acquired it by remittance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Receipts:

1. Character messages;

1. Details of transactions of deposits and withdrawals;

1. Recording notes, CDs and each transcript;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to report criminal investigations;

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

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: Provided, That the reason for sentencing of Article 39(1) is considerably large and the damage has not been restored almost.

However, at the same time as the judgment has become final and conclusive, the principle of equity in the case of sentencing is considered, taking into account the relationship between the defendant and the victim, the method and attitude of the crime, the age, the criminal defendant's sex, family environment, and the circumstances before and after the crime, and the sentence like the order was determined by comprehensively considering the sentencing conditions