A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On June 2017, the Defendant stated that “A victim C is trying to operate a cosmetic store at D located in Yeonsu-gu, Incheon and seek a new store due to the expiration of the lease period. However, the Defendant would pay KRW 20 million per month to the money to be used as the lease deposit and receive the refund of the lease deposit after one year.”

However, at the time, the defendant did not operate the above cosmetic, even if he received money from the victim, it was thought that he will first use the cosmetic for personal living expenses, etc., and he did not have the intent or ability to return the investment principal after one year.

Ultimately, around June 14, 2017, the Defendant: (a) by deceiving the victim as above; (b) received KRW 20 million from the victim to the FF bank account under the name of the Defendant; and (c) continuously acquired KRW 100 million from the victim for the purpose of investing in the acquisition of additional cosmetics under the pretext of investing in the said FF bank account; (d) acquired KRW 20 million from the victim on August 10, 2017; (e) KRW 20 million on October 10, 2017; and (e) KRW 20 million on December 11, 2017; and (e) KRW 20 million on January 30, 2018, respectively, by receiving KRW 100 million from the said FF bank account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the G Bank's financial transactions, specifications of deposit transactions in the H Bank, and certificates of deposit transactions in the F Bank;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act, Article 347(1) of the selective sentencing of imprisonment is the larger amount than KRW 100,000,000,000,000,000,000,000,000 won for the victim from January 2, 2019 to April 201.