A defendant shall be punished by imprisonment for a term of one year and three months.

The defendant pays 100,000,000 won to the applicant through fraud.

Punishment of the crime

While the Defendant worked as a cleaning agent at E-free telecom located in Asan City, on October 22, 2014, the victim C, who is the operator of the above E-free telecom, was aware of the upper lines on the side of the E-Tcom, and was able to pay money in Gangwon-do.

6 persons made a false statement to the effect that they would make an investment in 23 billion won, so that they would make a lot of profit if they make an investment in money.

However, even if the defendant receives the above money, he did not have any intent or ability to make profits by investing in the Gangwon-do.

Nevertheless, the defendant deceiving the victim as above and received 20 million won from the injured party on October 22, 2014, 25 million won around November 7, 2014, and 55 million won around November 25, 2014, respectively.

Accordingly, the defendant was given a total of KRW 100 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Partial statement of the witness F;

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

1. The application of each statute stated in materials submitted by the complainants and materials submitted by the complainants;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 25 subparag. 1, Article 31 subparag. 1, Article 31 subparag. 2, and Article 25 subparag. 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation and Sentence of Provisional Execution, the Defendant denies the facts charged by asserting that the Defendant did not make a fraudulent act as stated in the facts charged or received money.

However, the following circumstances acknowledged by each evidence of the ruling, i.e., ① the victim heard the statements from the defendant from the police to the court and delivered a total of KRW 100 million. The statement is consistent and the defendant's deception and the victim delivered money.