On January 24, 2016, the Defendant was sentenced to one year and four months of imprisonment for fraud at the Chuncheon District Court, and completed the execution of the sentence on August 25, 2017.

On June 15, 2018, the Defendant made a false statement to the victim B, who had an interest in the car of the Defendant in the city near the Maam Dam, the Sincheon-si, Macheon-si, the Sincheon-si, stating, “The Defendant may raise high profit if he makes an investment to Na while playing in money.”

However, in fact, the defendant did not have the intention or ability to pay the proceeds or the investment principal to the victim because he thought that the defendant would receive the investment from the victim and consume it for his personal purpose.

As such, the Defendant, by deceiving the victim, received KRW 9 million from the victim to the Defendant’s Cbank account (D) under the pretext of making an investment in the said place of business, as shown in the attached Table of Crimes List, and acquired the sum of KRW 76,316,920 in all five times from the date and time to June 27, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Protocol of prosecutorial statement concerning B;

1. Statement of each police statement of B and E;

1. A statement of complaint, account set-off (F Bank), passbook copy (G Bank), text and statement, investigation report (Submission of additional data by a complainant), G Bank transaction statement, F Bank transaction statement, H card transaction statement, H card transaction statement, investigation report (Submission of additional data by a complainant), each transaction statement (F Bank), account transaction details (C Bank, suspect), investigation report (Submission of additional data by a complainant), investigation report (H card use report), and investigation report (A credit rating data);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same attached records);

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders are themselves.