On October 2013, the Defendant made a false statement to the effect that “The Defendant, inasmuch as there is no particular property or income, and there was an obligation equivalent to KRW 8,400,000,00,000,00,000 from the victim who became aware of the investment, the Defendant would not have any intent or ability to distribute profits by investing in kind of shares in the stock, the Defendant made a false statement to the effect that “I would like to divide profits because I would be able to make a lot of investment in kind of shares,” even if I would have no intention or ability to distribute profits by investing in kind of shares.”

The Defendant received from the victim a remittance of KRW 15 million from October 1, 2013 to the account in the name of the Defendant for investment, from the victim, on or around October 10, 2013, KRW 11 million around the 29th day of the same month, and KRW 4 million around the 30th day of the same month.

Although the Defendant continued to use the money remitted from the victim to pay for living expenses or personal debts, he/she made a false statement as if he/she was making profits from investment in kind in stocks, and received a total of KRW 45 million from the victim, on November 25, 200, under the pretext of investment money, by receiving KRW 15 million from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Statement of the police statement of E;

1. A complaint;

1. Photographs of the date of preparation and sale of suspect;

1. Details of customer transactions and G account transactions;

1. A criminal investigation report (in attachment of a suspect's letter);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to personal credit reports);

1. The grounds for sentencing of Article 347(1) of the relevant Criminal Code for criminal facts [the scope of recommending punishment] General Fraud / [the scope of recommending punishment] (6 months to 100 million won) in the basic area (6 months to 1 year and 6 months) [the decision of sentencing] [the defendant] recognized that the defendant used the amount of KRW 20 million out of the money received from the victim from an investigative agency for personal use. The principal loss has occurred in telephone conversations with the victim after the crime of this case.