A defendant shall be punished by imprisonment for not more than ten months.

The application for compensation of this case is dismissed.

Punishment of the crime

[Criminal Power] On January 30, 2018, the Defendant was sentenced to two years and six months of imprisonment and four years of suspended execution in Seoul High Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust). The above judgment was finalized on February 7, 2018.

【Criminal Facts】

"2017 Highest 3149"

1. On January 3, 2017, the Defendant made a false statement to the victim E store operated by the victim C on the five storys of the building in Mapo-si, Mapo-si, that “I will be liable for inside and outside if I lend KRW 50 million to the victim, and repay KRW 80 million without any conditions until February 3, 2017.”

However, the defendant was planned to invest the money borrowed from the victim in an aggregate extraction business with no profitability, and there was no intention or ability to repay the money even if he/she borrowed money from the victim due to no particular profit or property.

Around January 4, 2017, the Defendant, by deceiving the victim, was issued KRW 50 million under the name of the Nonghyup Bank account (Account Number:F) in the name of the Defendant.

"2018 Highest 418"

2. On September 25, 2016, the Defendant made a false statement to the victim I, stating, “If the Defendant invests KRW 50 million in a private lottery site distribution business operated by the J, he/she may pay a profit of KRW 1 million per day, and even if the damage occurs, he/she may guarantee the principal.”

However, in fact, the defendant thought that he received money from the victim for personal purposes, such as attorney fees, so even if he received money from the victim, he did not have the intent or ability to pay the profit to the victim by investing in the private lottery site hosting business.

Around October 19, 2016, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the Agricultural Cooperative (F) account in the name of the Defendant under the name of the Defendant as investment money.

Summary of Evidence

"2017 Highest 3149"

1. Statement made by a witness B (name before the names of the witnesses: C) in the fifth trial records;

1. Trial records of ten times;