On July 21, 2011, the Defendant told the victim E at the D laundry Station located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon, that “I will guarantee twice the investment amount if I would like to deposit money with the F Director who is an employee of the Incheon Customs Office and the F Director who has been conducting a gold auction for more than ten years.”

However, even if the defendant received money from the victim, he did not intend to invest in the gold auction business, and the defendant did not make a false statement in order to raise money to repay the defendant's debt.

The Defendant received a total of KRW 128 million from the victim to the agricultural bank account under the name of the Defendant in the same manner, such as receiving KRW 14 million from the victim for the same day of investment. In addition, the Defendant received a total of KRW 100,000 through 10 times, as shown in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to criminal complaints, certificates of deposits without passbook, cash receipts, notes, notarial deeds, and reports on investigation;

1. The relevant legal provisions on criminal facts and the reason for sentencing of Article 347(1) of the Criminal Act (Determination of Imprisonment) [Determination of Punishment] The reason for sentencing of punishment of the same criminal facts and Article 347(1) of the Criminal Act [Determination of Punishment] Fraud, and below 500 million won [Determination of the recommended area] Basic field [Scope of Punishment] 1 to 4 years [Scope of Punishment]: 1 to 10 years [Amount of statutory punishment under Article 347 of the Criminal Act: 1 to 10 years [Amount of Suspension of Execution] in the case of major reasons for major participation] - In the case of serious damage to the victim: In the case of negative non-agreement or in the case of serious damage to the victim: A person who has been sentenced to imprisonment with prison labor for the same kind of punishment [Determination of the sentence of punishment] - One year (Real sentence] - The defendant has been sentenced to imprisonment with prison labor for the same kind of punishment and did not recover from damage even if the amount of damage exceeds 100 million