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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
On February 2, 2017, the Defendant stated that “In the coffee shop near the C office operated by the Defendant on the end of Jeju Island B and 3, the Defendant made Kwikset Service App to be used exclusively for Jeju-do and opened the business. At present, the Defendant requested the development of the app and entered the amount of KRW 30 million as down payment, and there is a need for additional expenses to invest KRW 100 million.”
However, in fact, the defendant only received the estimation of the app development cost from E, and did not request the app development or paid down payment, and it was thought that the defendant received investment money from the victim and used it as the operating cost of the above office or the personal debt repayment cost of the defendant.
As above, the Defendant, by deceiving the victim, received a total of KRW 100 million from the victim, including KRW 50 million around April 5, 2017, and KRW 50 million around April 7, 2017, under the pretext of investment, from the victim, to the F Bank account in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes, such as a complaint, a business registration certificate, a fund investment contract, each one's financial transaction statement, a statement of performance of obligations, a written decision, a written decision, a statement of decision on account transaction, a CP/WP estimate, a statement of financial transaction, a criminal investigation report (to have telephone conversations with H and H who has received money from a suspect), a criminal investigation report (to have telephone conversations with the account holder transferred from the suspect's account), a criminal investigation report (to have telephone conversations with the account holder), a report on criminal investigation (Submission of suspect's credit information data), a judicial credit report, a criminal investigation report (Submission of data on the current status of sales of the company operated by the
1. The crime of this case is committed by acquiring a total of KRW 100 million under the name of investment, such as Article 347(1) of the Criminal Act applicable to criminal facts, Article 347(1) of the Criminal Act of the choice of criminal punishment, and the reason for sentencing of imprisonment with labor, and the nature of the crime is not less minor, and the fact that the defendant was unable to