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

Punishment of the crime

Despite the fact that the Defendant did not have a passbook or a high-amount passbook and did not have an intent or ability to contribute funds, the Defendant was willing to acquire money by deceiving a victim B who intends to operate a social welfare foundation as if he would contribute a large amount of donation or investment funds.

On July 2013, 2013, the defendant, at the office of D in Gangnam-gu Seoul Metropolitan Government, has a passbook with "a passbook with underground non-funds" to the victim.

The purpose of “a request from a welfare foundation for KRW 15 million under the pretext of an agreement to contribute 50% of the non-funds to the welfare foundation” is to make a false statement, and received a total of KRW 14 million from July 5, 2013 to August 30, 2013.

From around that time to June 7, 2016, the Defendant continued to make a false statement that “it is necessary to make a contribution to the Welfare Foundation because of the head of 10 billion won check in front of a foreign exchange bank,” and that “it is necessary to make an investment of 12 billion won in a social welfare corporation,” and “it is necessary to provide meals with bank-related persons, public officials, etc.,” and the Defendant received from the injured party a total of KRW 94,980,000,000 as indicated in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written agreement on investment in funds, a statement of remittance, and a statement of non-public appropriation of donations;

1. The application of Acts and subordinate statutes to the details of transactions of opening and withdrawing accounts (CF), the details of transactions of opening and withdrawing accounts (CF), the details of transactions of opening and withdrawing accounts (CG), and the details of transactions of opening and withdrawing accounts (AH);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of punishment by sentence: Imprisonment for one month to ten years;

2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended sentence] general fraud, one type (the amount less than 100 won).