On February 20, 2012, the Defendant stated that “C” coffee store located in the area of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as Yeongdeungpo-gu), “A”, “If the Defendant is engaged in the business of selling mobile phones but invested KRW 100,000,000 per month, he/she may be punished for the amount of KRW 50,000 per month, and the principal shall be returned within three months.”

However, at that time, the Defendant was urged to repay the principal and interest of the amount equivalent to KRW 50 million borrowed from other persons without any particular property or income, and accordingly, was thought to use the money received from the victim to repay the principal and interest, and there was no intention or ability to pay the principal and the profit as promised even if he received the money from the victim.

On March 8, 2012, the Defendant, by deceiving the victim, received KRW 40 million from the said coffee shop from the victim, and transferred KRW 30 million to the new bank account in the name of the Defendant on March 16, 2012, and acquired KRW 30 million on March 27, 2012 from the Defendant, and acquired KRW 30 million in total in the presence of the agricultural cooperative near the Yongsan-gu Seoul Yongsandong, Yongsan-gu, Seoul. < Amended by Act No. 11306, Mar. 27, 2012>

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of suspect suspect of the police against the accused (including a substitute part with D);

1. Statement of police statement of D or E;

1. Application of Acts and subordinate statutes to a certified copy of a loan certificate, a certified copy of a letter, and a copy of money check;

1. The punishment as per the order shall be determined by taking into account the maximum of the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the fact that the accused commits the crime in both forms of imprisonment and imprisonment under Article 347(1) of the Criminal Act, is pening in depth his mistake, and that there is no yet agreement with the victim, but has yet to reach an agreement with the victim.

The defendant's argument is that the victim D is engaged in the business of selling mobilephones. However, when investing KRW 100 million, the amount of KRW 25 million per month can be punished. Therefore, the amount of KRW 12.5 million per half is profits.