A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On April 3, 2015, the Defendant, at the office of Defendant E in Gangdong-gu Seoul Metropolitan Government, tried to conduct a new business, such as automobile security loan, with the victim F.

A false statement was made that if an apartment is loaned as collateral and invested in the above project, the profit will be paid after three months.

However, in fact, the defendant did not have any idea to invest the money that he received from the injured party in a new business, such as automobile security loan, and there was no intention or ability to pay the profits to the injured party within the agreed time limit because he wishes to use the money for advertisement and debt repayment related to the existing loan business

On April 6, 2015, the Defendant received from the injured party the transfer of KRW 120 million in the name of an investment in Korea standards (number: H) in the name of G around April 6, 2015.

Accordingly, the defendant was given property by deceiving the person.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol for examination of the suspect by the prosecution against the defendant or I (including the statement of F);

1. A protocol concerning each of the police suspects against the accused, G, or I;

1. Statement made by the police with respect to F;

1. Business registration certificate, details of bank transactions, statement of deposit transactions, record of transactions, record of each transaction, each letter note, register, certified copy, loan contract, each account record, process deed, promissory note, and picture of the same industry;

1. Judgment as to the defendant's assertion

1. At the time of receiving the money from the complainant, the alleged defendant made it clear that the money will be used as corporate operating funds, such as taxes in arrears, company-related debts, advertising expenses, etc. In addition, the defendant was promoting a loan business with a motor vehicle as a new business other than a loan brokerage business operated at the time, and most of the money was used as corporate operating expenses, etc., but it did not create profits from the investment and the principal of the investment to the complainant.