[2014 Highest 201] Around 19:30 on December 4, 2013, the Defendant received the advance payment from the victim D’s “E” (hereinafter “E”), and even if he received the advance payment, he did not have the intent to work as an employee from the above main point, and did not have the ability to return the advance payment due to only the obligation of approximately KRW 60 million without any specific property, the Defendant received the advance payment from the victim to the Defendant’s bank account (G) in the name of the Defendant’s mother F. From that time, the Defendant acquired the advance payment amount of KRW 3 million from the victim to the Defendant’s bank account (G) in the same manner as indicated in the attached crime list, and acquired the advance payment amount of KRW 150,500,000 from four victims, such as victim H, I, and J, in the same manner as indicated in the attached crime list.

[2014Kadan405] Around December 11, 2013, the Defendant: (a) the victim’s “M bar” in the victim’s L (M) operation at K on the Jeju week; and (b) despite the absence of the intent to work as an employee at the above main place, the Defendant made a false statement to the victim that “I will work in good faith as an employee from the day after the day when the payment was made in advance; and (c) the victim was wired KRW 3 million from the victim to the said account in the F’s name on the same day.”

Summary of Evidence

[2014 Highest 201]

1. Statement by the defendant in court;

1. Each police statement made to D, N, I, and J;

1. Details of transactions of passbooks, certificates of deposits without passbooks, details of transactions, and details of transactions of passbooks;

1. Statement by the defendant in court;

1. Statement of the police concerning L;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act and the choice of imprisonment;

1. Aggravation of concurrent crimes: The scope of recommendations and sentences on the grounds of the sentencing guidelines in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act [the scope of recommendations and sentences [the crime group, general fraud, type 1 (less than KRW 100 million), basic area, month - June - one year and six months] and the reasons for the sentencing shall be determined as per the disposition in consideration of all the following circumstances: