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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On December 2, 2015, when the Defendant became aware of the fact that the victim D, who is the mother of C, is planning to invest in the stock through the Defendant’s friendship C, from the time to January 2016, the Defendant made a false statement to the victim “B, a certified tax accountant, a representative of the accounting corporation E, is working as an agent of the current accounting corporation, and four persons working as a professional agent of E, and four persons working as a representative of the accounting corporation, a specialized investment company, and an asset creation of a team are increasing. In addition, the amount of 20 million won per person to KRW 250,000,000,000 per person, and the Defendant also has an amount of KRW 250,000,000,000,000, including the stocks of Loen Entertainment, and the amount of stocks of another company, including the stocks, will be returned to the amount of investment made in the stock even if a loss is incurred.”
However, the defendant was not a certified tax accountant or a certified tax accountant, and there was no experience in stock transactions in accounting firms E or UN affiliated agencies, and the debtor filed a petition for bankruptcy with a debt of KRW 80 million, and he was thought to be used as a personal debt repayment with money from the victim as a stock investment.
Around January 18, 2016, the Defendant, by deceiving the victim as such, obtained KRW 50 million from the victim to the F’s account in the F name; KRW 10 million to the same account on January 20, 2016; and KRW 30 million to the same account on February 23, 2016; and acquired KRW 90 million in total from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes on the conversation between a complaint, a copy of the details of passbook transaction, and a suspect AKakao Stockholm;
1. The relevant Article of criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommending punishment] [the general fraud] and there is no basic area (6 to one year and six months) (6 months) [the decision of sentencing] (the decision of sentencing is made].