A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On July 2012, the Defendant knew that the maturity of the goods invested in the securities company has arrived before the victim C, and made a false statement to the effect that “Once 20,000 won of the money invested in the securities company is repaid at maturity, the Defendant would make an investment again once again. It would allow an individual to make a special investment in corporate bonds that are not known to the individual. It would be 9-15% annual interest rate and receive the principal after one year.”

However, even if the defendant received money from the victim, he did not have the intent or ability to pay interest, or to receive principal, by using the money as investment in securities, and was given to the defendant's wife to use the money for repayment of personal debt.

As above, the Defendant, by deceiving the victim, received KRW 20,000,000 from the victim’s bank account in the name of the Defendant on August 1, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes for transfer certificate;

1. Article 347(1) of the Criminal Act applicable to criminal facts and Article 347(1) of the choice of punishment did not recover from damage caused by reason; the defendant was sentenced to four years of imprisonment by reason of a crime in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Western District Court on November 6, 2013; and the defendant's age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, and other various sentencing conditions shown in the records and arguments of this case shall be comprehensively considered and determined as ordered against the defendant.