A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

[Criminal Records] On July 9, 2010, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Daegu District Court and was released on May 30, 201 in the Daegu Prison on the execution of the sentence, and the same year.

7. 13. The parole period expired.

[Criminal facts] The Defendant is the actual operator of I Co., Ltd., and C is a representative director under the above I’s name.

Since 2012, the Defendant had been operating the business related to the purchase of non-performing loans (NPL and Nron Perling LO) in Gangnam-gu, Seoul.

At the above I office around September 27, 2012, the Defendant made a false statement to the victim BD through the above C, stating, “If 30 million won is invested in the EM of U.S., U.S.-gun, U.S. and 1 Dong and 2 Dong items, 30 million won shall be paid after three months, and KRW 5 million shall be paid to the principal of the investment.”

However, the defendant and the above I did not possess any particular assets, and there was no intention or ability to pay the investment funds and profits within a short period, even if they received investments from investors, because they are highly likely to lose investment failure, such as that the collection of claims is not easy due to failure in the auction procedure of the above non-performing loans, etc.

On the same day, the Defendant received KRW 25 million from the injured party to the account in the above C name, and received KRW 5 million in cash through the above C, and received KRW 30 million in total, and acquired it through the money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made by the police with regard to BD;

1. Payment note, account transaction details, and water supply contract on the basis of claims;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Changwon District Court committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on September 8, 2016.