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

Punishment of the crime

On January 4, 2016, at the office operated by the victim C in Seongdong-gu Seoul Metropolitan Government around January 4, 2016, the Defendant made a false statement to the effect that “the victim is operating the bond business by having been known to the public for a long time, 20 million won per month when investing in the above bond business, the Defendant would pay 20% per month, return the principal after one year, and invested 70 million won in other branch delivery method, and he has earned profits for seven years.”

However, as above, the Defendant did not have a friendship operating the corporate bonds business as well as approximately KRW 150 million, and even if having received money from the victim, it was thought that the Defendant would use it for the operating funds or cost of living expenses of the corporation D operated by the Defendant. Thus, even if having received money from the victim, the Defendant did not have the intent or ability to invest in the corporate bonds business or pay 2% of the monthly profit to the victim, and to repay the principal at once after one year.

As such, the Defendant, by deceiving the victim, received 20 million won from the victim to the E bank account under the name of the Defendant on the same day as the money for investment, and received KRW 50 million in total from around that time to January 4, 2017, respectively, by deceiving the victim four times in total, as shown in the list of crimes in the attached Table of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Details of the entry into and departure from the E bank account;

1. Each statement (F, G);

1. Certification of closure, and application of Acts and subordinate statutes governing tax base certification;

1. Article 347 (1) of the Criminal Act applicable to the crime (Fraud or Imprisonment);

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

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the decision of type] and the general fraud [the type 1] below the amount of less than KRW 100 million [the special person] mitigation element: The person who committed a deceptive act intentionally at fault or by deception.