A defendant shall be punished by imprisonment for seven months.

Punishment of the crime

On July 15, 2013, the Defendant called to the effect that “If an investment is made in the business of supplying human resources to a business of supplying human resources to a home-based business entity, the Defendant would return the principal at any time at the time of the request for return.”

However, in fact, since there is no particular property or income, and personal debts have been more than 10 million won, and it is difficult to pay the profit through the above business, it was thought that it will be used for personal debt repayment by receiving money from the injured party, and there was no intention or ability to pay the profit or to pay the principal in accordance with the above agreement.

The defendant received 70 million won from the damaged person to the account in the name of one bank in the name of D Co., Ltd. in the operation of the defendant on the same day and acquired it by fraud.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the statement of transactions in the NongHyup account;

1. According to the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the unfavorable circumstances for the sentencing of the punishment: The amount obtained by deceiving KRW 70 million in the case of defraudation, which is not agreed with the victim, and the normal circumstances favorable to the two times the criminal records of the same kind of crime: The decision of the punishment that the payment of KRW 19 million in the amount of defraudation shall be made to the victim: the above circumstances are different from others, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be taken into account;