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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On February 2, 2014, the Defendant stated that “The Defendant would pay 170,000 won as interest per month prior to the collection of the principal to the victim D(36 tax)’s clothes in the Dongjak-gu Seoul Metropolitan Government, “If the Defendant made a business selling the mobile phone in the Philippines, he/she may pay a lot of money for the business selling the mobile phone, and if the Defendant made an investment of KRW 30,000,000,000,000,000 won.”
However, in fact, the Defendant invested in the same business as from around 2011 to around 2012, but did not see any profit, and therefore, whether the business was sexual or not or not, and the investment funds received from the injured party was thought to be invested in the casino in the Philippines, and even if he received the money from the injured party, there was no intent or ability to pay the principal and the profit that was promised to be paid to the injured party.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 4,845,079 from the victim's account in the name of E on the 13th day of the same month from the victim, and received KRW 29,845,079 in total from the victim's account by withdrawing KRW 4,845,079 from the victim's agricultural bank account, by withdrawing KRW 29,845,079 from the victim's agricultural bank account.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. A copy of the passbook [the Defendant was aware that he actually invested in E for the phone sales business and that E was unaware of having invested in the said investment money in the casino. However, as acknowledged by the evidence, the Defendant had already invested in the said money in the casino. However, as seen by the evidence, ① the victim was not contacted with the Defendant from the day immediately after he paid the money for the phone sales business, ② the victim was 7 to 10 days after he paid the money, and ② the Defendant was found to the Philippines.
(3).