A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] The Defendant was sentenced to three years of imprisonment at the Incheon District Court on August 31, 2018, and the judgment became final and conclusive on December 28, 2018.

【Criminal Facts】

Around October 2013, the Defendant made a false statement to the effect that “A victim C, located in the Busan metropolitan Daegu apartment, borrowed money, would be paid interest at a much higher rate than the bank interest by investing in the stocks and making an investment in the stocks, and the principal would be guaranteed, and if compared, the Defendant subscribed to the pension insurance amounting to KRW 5 billion.”

However, the Defendant, without any special revenue at the time, was liable for a debt worth of one billion won or more, and was so called the so-called “defensive” to repay the existing debt from several persons, and was thought to use the amount equivalent to the money borrowed from the victim to repay the Defendant’s existing debt. Since there was no subscription to the pension insurance policy equivalent to five billion won, there was no intention or ability to repay the money from the victim.

Around October 17, 2013, the Defendant, by deceiving the victim as above, received KRW 20,000,000 from the victim and received KRW 310,000 from the victim on six occasions as stated in the separate crime list from July 4, 2014, by borrowing KRW 20,000 from the E bank account in the name of the Defendant’s wife D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. 차용증서, F 대화내역, 계좌거래내역, 녹취록, 피의자 A와 피해자 문자내역, 피해자 C 입금전표, C 입금내역 및 지급내역 메모, D E은행 거래내역, 수사보고(피의자에 투자한 G 통화), D E은행 거래내역, H 우체국계좌 거래내역, 수사보고(D E은행 계좌 ↔ 우체국 H 계좌거래내역) 법령의 적용

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the choice of criminal punishment for the crime (generally).