A defendant shall be punished by imprisonment for one year.

The defendant shall pay 125,00,000 won to an applicant for compensation and objection thereto.

Punishment of the crime

On February 2, 2015, the Defendant made a false statement to the victim C, stating that “The H doctoral degree, working for the Korea National Institute of Science and Technology, would develop a technology that makes the oil well distributed by using the superwave so that the oil can be mixed with water, and then would use the technology. The Defendant would establish a company within the Republic of Korea and would be responsible for the representative, and that the company would invest KRW 2 billion in the market money, and that he would make a variety of investments in the market money. The Defendant would pay KRW 200 million annually if investing in KRW 20 million.”

However, as the Defendant did not own land in the grace system, the Defendant did not have the ability to invest KRW 2 billion in the above company, and was thought to have used to repay part of the amount of money invested even after receiving investment from the victim. Since the Defendant was unable to take charge of the representative in the above company, the Defendant did not have the intent or ability to return the amount of money.

On March 31, 2015, the defendant acquired 200 million won from the victim to the Agricultural Cooperative Account (Account Number: I) in the name of the defendant and acquired money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on business plans, online newspaper articles, cash investment contracts, transcripts, loan certificates, and details of account transactions;

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

1. Articles 25 (1) and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

1. Where an order for compensation under Article 32 (1) 2 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders, satisfies specific requirements prescribed by Article 25 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, a special unit of criminal proceedings may be filed in order to facilitate the recovery of victims' damage