A defendant shall be punished by imprisonment for three years.

Punishment of the crime

The Defendant, at the “E” office operated by the victim D (E) in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, the date of November 2017, the Defendant is entitled to pay money to the victim when he/she has made a stock investment by using the program.

If a person lends KRW 500 million to another person, he/she shall make an investment in the money and give a monthly profit of KRW 25 million, and the principal shall be deducted only at any time.

“.....”

However, in fact, it is not meaningful to make a stock investment using the stock program that the Defendant had been bearing the obligation to return KRW 1 billion at the time, and the program that the Defendant developed by the securities company was merely merely equivalent to the level of the terms and conditions provided by the securities company, and there is no intention or ability to return the principal by paying the profits to the victim and returning the principal, even if he/she received the money from the damaged party, because he/she did not use it in the stock investment but in the repayment of the Defendant’s obligation.

Nevertheless, the Defendant deceiving the victim as above and transferred KRW 70 million to the account in the name of F on November 8, 2017, KRW 30 million on November 13, 2017, and KRW 40 million on November 15, 2017 to the account in the name of F.

Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 500 million and acquired it by fraud.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to each investigation report (referring to submission of details of account transactions, etc. and confirmation of details of consolidated account transactions);

1. Determination as to the establishment of the crime in the judgment, including Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Amended by Act No. 15256, Dec. 19, 2017); Article 3(1)2 of the Criminal Act; Article 347(1) of the Criminal Act; and Article 347(1) of the Criminal Act

1. The Defendant and the defense counsel agreed to return the borrowed money at the time when the victim wants to do so after two to three years.