On September 20, 2018, the Defendant made a false statement to the victim D within the Songpa-gu C Office located in Songpa-gu B, stating that “There is insufficient funds to purchase the medical device in order to export the sounder of medical equipment to China. If the Defendant borrowed KRW 33 million from the purchase price of medical equipment, the Defendant would pay the medical device up to October 5, 2018.”

However, in fact, the Defendant was running a business by receiving approximately KRW 7-8 investments from approximately KRW 500 million from investors to purchase medical equipment, selling them, and paying KRW 7-10% profit after two weeks or one month. From June 2018, China's customs clearance procedure has changed due to the return of exported goods, and the management situation is difficult due to the increase of distribution cost, inventory burden, price decline, etc. Accordingly, the Defendant was unable to pay approximately KRW 200 million to investors around that time. Since the money transferred from the victim was not used as the purchase price of medical equipment, but as profits to the existing investors, there was no intention or ability to pay the money on the date of promise even if it was borrowed from the victim.

As above, the Defendant, by deceiving the victim, received KRW 33 million from the victim to the corporate bank account under the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Although it was unclear whether the instant crime was committed as planned, the Defendant was committed.