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

Punishment of the crime

On April 21, 2015, the Defendant paid 30% of the monthly profit to the victim D in the coffee shop located near Geumcheon-gu Seoul, Geumcheon-gu, and is fully responsible for the principal of the investment if the Defendant wishes to operate the amusement room.

“A false statement” was made.

However, in fact, the Defendant was well aware that it was difficult to pay profits from the operation of the entertainment room because he continued to operate the call architecture with a loan of KRW 70 million from E, left by the enemy, and operated the entertainment room, but the funeral service was not well-being, and it was immediately after the reorganization of the entertainment room, and it was thought that it was difficult to pay profits from the operation of the entertainment room, and that it was used for the repayment of debts from the injured party. Since the Defendant was a bad credit holder and did not have any property, there was no intention or ability to pay the principal and profits to the victim even if he was to receive investments from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 20 million to a corporate bank passbook (Account Number: G) in the name of F on the same day from the victim; and (c) transferred KRW 7 million to the same passbook on July 2, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. The partnership agreement;

1. Detailed statement of transactions by account;

1. Details of response by the enterprise bank, details of response by the bank to the bank, and details of response by the cooperative;

1. Investigation report ( telephone conversations between H) and telephone communications;

1. A report on investigation;

1. Investigation report (Submission and report of the details of disbursement of suspect investment funds, etc.);

1. Application of the investigative report (the fact-finding report concerning fire fighting construction among the details stated by the suspect) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of the recommended punishment is a general fraud category 1 (less than KRW 100 million) basic area (from June to June).