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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. The Defendant, on December 2013, operated a massage place in Gyeyang-gu Incheon Gyeyang-dong to the victim E.
Monthly income is KRW 10 million.
D. However, the victim refused to make an investment in the second floor of the Seoul Mapo-gu Seoul FF building in January 2014, the victim E from the second floor office of the Mapo-gu Seoul F building in order to make an investment in the Republic of Korea.
D. The Plaintiff stated that the Plaintiff will return the principal at any time at the time when the Plaintiff wishes to do so by giving KRW 20,000,000 per month a monthly revenue from the Jeju-do Investment Fund.
However, there is no clear business plan that the Defendant recommended investment from the injured party to receive money, and even if the Defendant received money from the injured party, the agreed profits could not be paid, and the principal cannot be returned to the injured party only when the Defendant bears the liability.
Around January 15, 2014, the Defendant, by deceiving the victim as above, received 20 million won from the victim to the post office account in the name of the Defendant from the victim and acquired it by defrauded.
2. The Defendant, at the office described in paragraph 1 in February 2014, is too well-grounded in the victim’s funeral service at a place where she lives together with the victim.
If a person makes an investment of KRW 20 million, he/she said that he/she will give 200,000 won per month as a profit.
However, in fact, the defendant did not think that he would invest in the place of massage procedure in return for the money of the victim, and there was no ability to pay 2 million won per month to the victim.
Around February 14, 2014, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the post office account in the name of the Defendant from the victim and acquired it by defrauded.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and G, witness H and I respectively;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Details of transactions, copies of a loan certificate, and photographs of each letter;