A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 3, 2018, the Defendant made a false statement stating that “The Defendant would pay KRW 18 million, including the profits of KRW 3 million per month, if he/she invests KRW 15 million, to the victim B, who was in close friendship with the Defendant, by communicating by telephone, and that “The Defendant would make a business of selling English teaching materials through the members of the Republic of Korea study abroad as he/she has gathered by the people who operated C at the same time.” The Defendant would open only to his/her family members and give any special consideration as he/she originally opens to his/her family members.”

However, at the time, the Defendant did not make such a false statement to repay debts owed to other creditors, and did not sell English teaching materials to the Republic of Korea study abroad, and even if he did not receive certain revenues or specially own property, he did not have any intent or ability to pay the principal and interest of the investment promised to the victim, even if he did not receive the said money.

The Defendant received a total of KRW 10 million from the victim on January 3, 2018, and KRW 15 million from January 4, 2018 to D Bank Account (E) in the name of the Defendant, and received KRW 98,549,000 from around that time to August 6, 2018 by deceiving the victim by the same method over 23 times in total, as shown in the separate crime list, and received a remittance of KRW 98,549,00 in total as investment money.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to the complaint and deposit statement;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to fraud (the type 1] below the amount of less than 100 million won (the special person). The amount of punishment shall be limited to either the amount of punishment or a significant portion.