On July 2012, the Defendant made a false statement that “A victim C (after the opening of a name: D) operates the branch office with the representative of Seoul branch office of the company “E” among the various branches of the company “E” in which the trade name located in the Songpa-gu Seoul locked-dong is unknown. The Defendant made a false statement that “I would bring profits of KRW 500,000,000 per month to every 500,000 won if the investment is made in the trading of a middlephone.”

However, the Defendant was merely a part of knife who works in the above Seoul branch office, and the above “E” did not operate another branch office other than Seoul branch office. The Defendant was only paid less than 500,000 won a mobile phone call fee or the rent of the house living at the place where the Defendant was living. The Defendant did not have any intent or ability to return the profits or the principal even if he received the investment money from the victim because there was no other property or any specific income.

Accordingly, the Defendant, as such, by deceiving the victim as such, received 860,000 won from the victim as the investment money on July 19, 2012, from the victim, and acquired 3,058,00 won in total through 28 times, such as the statement in the list of crimes, from September 29, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F and G;

1. A statement of transactions of the deposit account in the suspect's name, each statement of transactions of the victim's deposit account, and each statement of transactions of the witness G;

1. The application of Acts and subordinate statutes of each investigation report and investigation report;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act, the scope of recommendations and sentences for sentencing the choice of imprisonment: Imprisonment with prison labor from six months to one year and six months (Fraud crime group, type of less than KRW 100 million, and basic area): The amount obtained by deception is relatively little.