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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On July 14, 2015, the Defendant made a false statement to the victim D, who became aware of in the 7th floor office of the building in Gangnam-gu Seoul, as the introduction of the land owner C, “E was acquired, and attempted to grow and grow with the funds of E, return to farming business entity and return to farming business. When investing KRW 100 million with the price for securing the site, 3% interest per month shall be paid until the land is secured and the amount of investment is returned, and 200 square meters shall be purchased in a lump sum and registered.”
However, the fact that the defendant did not take over E and did not prepare a specific business plan for the return to farming business and the return to farming business, and the promotion itself did not have any particular property. Therefore, even if the victim received money from the victim as investment money, there was no intention or ability to proceed with the return to farming business or return the investment money.
The Defendant received ten copies of the KRW 10 million check from the victim.
Accordingly, the defendant was delivered KRW 100 million by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and F;
1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;
1. Partial statement of each police suspect interrogation protocol against the defendant;
1. Partial statement of the suspect interrogation protocol of the prosecution concerning C;
1. Entry of the accused in D's statement in the third protocol of interrogation of the prosecution;
1. Statement D in the first police interrogation protocol against the accused;
1. Statement made to D by the police;
1. A complaint, an investment contract, an E prospectus, a copy of E registry, a confirmation statement, a record of liquidity transactions, a transcript, an investigation report (Submission of suspect data facsimile), a real estate lease contract, each real estate lease contract, a response to a request for financial transaction information, a criminal investigation report (Attachment to a family relation register), a family relation register, a family account register, a details of account transactions in G stock companies, a details of imposition of G management records, and a reference report F.