A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

Around September 2013, the Defendant made a false statement to the effect that, within the Defendant’s passenger car established in the Busan Metropolitan City Shipping Daegu District, “The Defendant shall make an investment in the ginseng dry field together with several persons, and make an investment in a small amount, thereby making an additional investment in the money, and make an additional investment in the money.” The Defendant made a false statement to the effect that he would make a full repayment of the money.”

However, even if the Defendant borrowed money from the victim, it was thought that he did not invest in the ginseng field, and lent money to D for interest income. At the time, D was aware of the fact that he borrowed money from other persons than the Defendant for the settlement of bills, and the Defendant was also aware of these circumstances, and the Defendant did not secure any security to receive money from D, and at the time, the Defendant did not have an intention or ability to pay the money promised to the victim except for the return of money from D because there was no particular property.

Nevertheless, the Defendant, as seen above, deceiving the victim, and then deceiving the victim on October 22, 2013, KRW 50 million from the victim, KRW 50 million on November 25, 2013, KRW 50 million on March 26, 2014, KRW 50 million on April 10, 2014, KRW 249 million on April 21, 2014, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of witness D;

1. Application of Acts and subordinate statutes to record recording and the current status of ownership of real estate;

1. Determination as to the assertion of the defendant and his/her defense counsel as to the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the selection of punishment (contestination of punishment)

1. The summary of the defendant's and defense counsel's assertion is that the defendant received each of the above money by requesting the management of the money to receive interest from the victim, and the defendant does not receive each of the above money by soliciting the victim to make an investment in the ginseng dry field, and therefore, the defendant is guilty of defraudation.