A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant pays 30 million won to the applicant for compensation.

Punishment of the crime

On July 2019, the Defendant may receive KRW 3.7 billion as premium if he/she invested KRW 50,000 to the victim B at a place where he/she was not a policeman in Jungsung-gu, Daejeon. If he/she made an investment of KRW 50,000,000,000 to the 6th floor of the medical care center, he/she can receive KRW 300,000 as premium if he/she sold it after the operation of the elderly welfare center

First of all, 50,00 won should be paid for the refund of deposit, and 80,00 won monthly revenue will be paid, and in the facts charged, it is stated that "it is necessary to pay the 8% profit per month," not "to pay the 8% profit per month," but "to guarantee the cost and to pay the interest of 88% per month."

However, according to the Kakao Stockholm message content between the Defendant and the victim (Evidence Nos. 76, 80, 81, 85, 86, etc.) (Evidence No. 76, 80, 85, 86, etc.)

In light of the use of this term, the agreement between the defendant and the victim seems to be more than a simple loan agreement guaranteeing the principal, rather than a simple loan agreement. The agreement between the defendant and the victim seems to be more investment.

② In addition, the Defendant refers to “4 million won” in the above text message several times (80,85,86 pages). If so, there is sufficient possibility that the amount that the Defendant would pay to the victim would be earnings other than interest.

If so, other evidence submitted by the victim's statement and prosecutor alone was proved without any reasonable doubt that the defendant stated that "the defendant will guarantee the original amount and pay the interest of 8% per month."

shall not be deemed to exist.

However, even if this part of the prosecution is recognized as the defendant's assertion, it does not affect the establishment of fraud. Therefore, the defendant's right of defense is practically exercised.