A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

[criminal record] On August 17, 2017, the Defendant was sentenced to a suspended sentence of two years in August 201 to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) at the Seoul Western District Court, and the judgment became final and conclusive on August 25, 2017.

[2] Criminal facts are the couple of the Defendant and D, and D are between the spouse F and high school-friendly relationship between the victim E’s spouse, and the Defendant has brought her life to E and F from August 2015.

The Defendant, at a place not known at around May 18, 2016, solicited the victim to make an investment “to receive interest with a small amount of interest, if it invests money, it would receive interest higher than the bank interest every month,” and received remittance from the damaged person KRW 20 million.

6. Around 20.20. Around 20.20, the victim trusted the Defendant’s ability to implement the investment conditions by returning the amount of KRW 22 million plus interest of KRW 20 million as if it was an investment profit.

On June 21, 2016, the Defendant made a false statement to the victim that “When investing a small amount of cash, the Defendant may lend funds to the enterprises and receive high interest.”

However, even if the defendant received money from the injured party as investment money, he did not have any intention to actually invest in it, and he had arbitrarily consumed it under the name of the business fund of the transportation business operated by the defendant, so there was no intention or ability to pay the profits and principal to the injured party on the date of promise.

Nevertheless, on June 21, 2016, the Defendant received KRW 20 million from the injured party to the National Bank Account (G) account in the name of D on June 21, 2016, and received KRW 216 million in total from around that time to December 15, 2016 by the same method seven times, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. E and F in the suspect interrogation protocol against the accused.