The victim C, who is the Defendant’s death relationship, was the father of the Defendant’s friend that “the Defendant would have raised money exceeding one billion won through an investment in shares,” and was actually thought that the Defendant would have raised a lot of money through an investment in shares. The Defendant used the above thoughts to receive money from the victim as an investment in shares and used it for personal purposes.

피고인은 2010. 6.초경 피해자에게 전화를 걸어 “제가 아는 선배가 생명공학 쪽의 회사에 다니고 있는데, 그 선배가 중국계 바이오회사를 직접 인수하여 합병할 예정이다, 인수합병이 되면 기존 주식가치보다 최소 4배 이상 뛸 것이다, 나를 믿고 주식에 투자하면 많은 돈을 벌어 주겠다”고 거짓말을 하였다.

However, even if the defendant receives money from the victim, he thought that he will use it for his personal purpose, such as paying the defendant's marriage expenses and the interest on loans, and he did not have any intention or ability to invest in the shares for the victim.

On June 7, 2010, the Defendant: (a) by deceiving the victim as above, received KRW 30 million from the victim to the bank account under the name of the Defendant; and (b) received KRW 295 million in total on nine occasions from around that time to January 11, 2012, as stated in the attached crime list, from around that time, as stated in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes on banking transactions;

1. Relevant legal provisions concerning criminal facts: Article 347 (1) of the Criminal Act (each fraud and each choice of imprisonment);

1. Heavy concurrent crimes: The amount of damage caused by sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is heavy, and the amount paid up to that date is about KRW 138 million, the balance of damage is about KRW 160,000,000.