A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant, around January 1, 2016, at the Defendant’s residence located in Seodaemun-gu Seoul Metropolitan Government around January 1, 2016, withdrawn KRW 400 million to the victim D when the maturity of the fund is due, and the withdrawal is necessary, and if the Defendant borrowed KRW 1 million, he/she will repay the fund as the repayment from the fund.

“A false statement” was made.

However, the fact that the defendant did not have invested in the fund, and even if the defendant received the above one million won from the injured party, he did not have any intention or ability to repay it.

Nevertheless, the Defendant, by deceiving the victim as such, received 1 million won from the victim to the deposit account designated by the Defendant (Korean bank E and the Defendant F) for the same day from the victim.

In addition, the Defendant received a total of KRW 191,118,235 from the victims 79 times in total, as shown in the list of crimes in the same manner between the Defendant and July 3, 2016, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, H, and I;

1. Application of Acts and subordinate statutes on transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

2. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which aggravated concurrent crimes.

1. Recommendation and sentence of the sentencing guidelines: Where the basic area (one year to four years) (special mitigation) of the basic area (one year to four years) of types (one hundred million won or more, and a period of less than five hundred million won) of the general fraud (special mitigation) is not imposed, or considerable damage has been recovered / Where a crime is committed for unspecified or many unspecified victims or repeatedly during a considerable period of time;

1. Unfavorable circumstances: The fact that the method of committing the crime is inferior, or that the damage has not been recovered, such as the fact that there is a large amount of damage, the defendant alters the screen of inquiry about the details of transactions, etc.;

1. The favorable circumstances: The defendant recognizes all errors;