When the Defendant lives without a certain occupation and needs money, the Defendant received money from the victim B (the age of 27) for the purpose of investment or borrowing money, as he would give investment profits or immediately repay the borrowed money.

On December 25, 2013, the Defendant made a false statement to the victim, stating, “The Defendant would pay 500,000 won per week if he/she has invested funds to use the money for the purchase of free gifts, while operating a bubble and game room in the vicinity of the Geum-gu Si, Busan, and he/she has invested funds to use it for the purchase of free gifts.”

However, the defendant did not have an intent or ability to pay investment profits as promised to the victim because he did not operate a game room in the same way.

As such, the Defendant, by deceiving the victim, received KRW 5,431,450 from the victim to the Agricultural Cooperative account under the name of the Defendant on the same day, and by deceiving the victim on a total of 13 occasions from December 25, 2013 to May 24, 2014, and received KRW 33,003,450 from the victim on the pretext of investment and loan.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a loan certificate, a financial transaction with the principal, and a deposit and withdrawal-type passbook;

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

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;