A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. In August 2015, the Defendant made a false statement to the victim C that “When the ginseng dry field located in the area of 3810 square meters in Gangseo-gu, Yangwon-gun, Suwon-gun, the Defendant harvested ginseng in the above ginseng field and divided profits into 5:5,00,000 won, the Defendant would have harvested ginseng in the above ginseng field and divided profits into 5:5.”

However, in fact, since the above ginseng field was not owned by the defendant, but owned by Dong E by the defendant, the defendant did not have the intent and ability to pay profits even if he received the above investment from the injured party.

The Defendant, on September 4, 2015, received from the injured party KRW 4 million from around September 4, 2015, and acquired KRW 30 million from around 14th of the same month, respectively.

2. On September 15, 2015, the Defendant issued a false statement to the victim C at the Defendant’s house located in Yangyang-gu, Yangwon-gun F, that “Around November 2015, the Defendant would have harvested ginseng from another ginseng field, which would have been leased KRW 10 million to him/her, and would have repaid the said ginseng by selling it.”

However, in November 2015, the Defendant did not have a dry field to harvest ginseng, and even if he borrowed money from the damaged party with no particular property, he did not have the intent to repay it.

On September 17, 2015, the Defendant obtained the delivery of KRW 10,000,000 from the injured party and acquired it by deception.

Summary of Evidence

1. Partial statement of the witness C;

1. Statement made by a part of the prosecution against E;

1. Application of Acts and subordinate statutes to report on investigation (report on the results of tracking a check), such as power of attorney, certificate of borrowing, copy of check (net 4,7), statement of account transfer, loan certificate, check of transaction ledger by serial number in his/her check, etc.;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Determination as to the defendant's assertion under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act, which aggravated concurrent crimes

1. The Defendant did not call for the victim to make an investment in KRW 35 million at the end of August 2015, and did not receive a delivery of KRW 4 million around September 4, 2015, and KRW 30 million around September 14, 2015.