A defendant shall be punished by imprisonment for a term of one year and eight months.

Punishment of the crime

On August 2012, the Defendant made a false statement to the victim D that he would distribute profits if he/she lends money to the victim D with investment funds in establishing the translation company.

However, even if the Defendant borrowed money from the victim, the Defendant did not have any intention or ability to distribute the profits to the victim, and did not have any intent or ability to pay the profits to the victim. As the Defendant bears a debt worth KRW 200 million without any specific property at the time, there was no intention or ability to pay the money to the victim.

Ultimately, around September 3, 2012, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the deposit account in the name of the Defendant as investment money, and acquired it by transfer from the victim until February 15, 2013, including the victim D, E, F, G, H, I, J, J, and K, total sum of KRW 229.7 million from February 26, 2013 to the deposit account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, G, H, I, J, and K;

1. Details of transactions of self-reliance deposits, details of deposits, details of transactions of deposits, etc., details of transactions, detailed statements of transactions, meetings of transactions, confirmation of results of transfers, and certificate of transfer;

1. A certificate of borrowing;

1. Application of Acts and subordinate statutes to a certified copy of register;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. From among concurrent crimes, all the conditions for sentencing specified in the records and arguments of this case, such as the acquisition of a considerable amount of money against many victims with reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the fact that almost most damages have not been recovered, and the fact that mistake and reflect are committed, and other means and results of the crime, the age of the defendant, family relationship, criminal record, circumstances after the crime, relationship with victims, etc.