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

Punishment of the crime

(State)The Defendant, who was working as an insurance solicitor at the TFC General Insurance Solicitation Company, concluded on June 13, 2007 that “When investing money, the Defendant would pay the victim an annual investment profit of 10% and return the principal at any time at the desired time.”

However, the defendant should use the victim's money for personal purposes, such as money to return to other investors or living expenses, so even if he received the money from the victim, he did not have the intent or ability to return the principal by paying the profit to the victim by investing the money with the above stocks.

As such, the Defendant, by deceiving the victim as such, was remitted from the victim to the single bank account (F) in the name of the suspect around June 13, 2007, KRW 20 million on or around August 8, 2007, KRW 110 million on or around November 7, 2007, KRW 20 million on or around March 4, 2008, KRW 10 million on or around March 5, 2008, and KRW 40 million on or around March 31, 2008, respectively.

Accordingly, the defendant got a total of 270 million won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (report on the binding of details of transactions of defendants);

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act’s reason for sentencing [the scope of recommending punishment] General Fraud : Type 2 (at least KRW 100 million, less than KRW 500 million), basic area (one-year and four years), where the victim is also responsible for the occurrence of a crime or the expansion of damage; / Where the victim has committed repeatedly for a considerable period of time [the decision of sentencing] one year and four months (one year and four months (one year and four years, including the fact that the amount of damage has not been paid, and that the amount of damage has been paid is KRW 190 million) of the Criminal Act;