A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 2008, the Defendant was aware of the victim C at the KDB Securities and Racing point located in Dong-dong, Dong-dong, Dong-si, and maintained their friendship from that time, and made efforts to pay a large amount of profits through investment in stocks.

1. Around January 30, 2010, the Defendant made a false statement to the effect that “30 million won is loaned from the Defendant’s house located in D 205, Sejong-si. Da. 205. The Defendant may pay the profits through an investment in shares, and may pay the profits within five to six months.” The Defendant made a false statement to the effect that “The 5-month interest will be paid.”

However, in fact, the Defendant did not have any property and income with bad credit standing at the time, and did not have any possibility of making profits from stock investment, such as deeming losses from stock investment, and thus did not have any intent or ability to make a full payment even if he borrowed money from the victim.

Nevertheless, on February 2, 2010, the Defendant deceivings the victim as above, and received 30 million won from the victim to the single bank account under the name of the Defendant and acquired it by defrauded.

2. Around April 20, 2010, the Defendant made a false statement to the effect that “If the Defendant borrowed 20 million won to the Defendant through an investment in shares within one month, the Defendant may repay all the existing borrowed money to the Defendant. 4 copies per month of interest shall be paid.”

However, in fact, the Defendant did not have any property and income with bad credit standing at the time, and had little possibility of making profits from stock investment by deeming losses due to stock investment as well as having already been incurred due to stock investment, and was under circumstances to pay as interest on the existing obligation, and thus, there was no intention or ability to make a full payment even if he borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above, and such deceivings it from the victim, to the one bank account under the name of the defendant around April 23, 2010.