A defendant shall be punished by imprisonment for seven months.

Criminal facts

Around March 8, 2017, the Defendant made a false statement to the effect that “C” located in Gwangjin-gu Seoul Special Metropolitan City, known the high-ranking public officials of the Ministry of Finance and Planning, and paid KRW 5 billion with fees, the Defendant may receive KRW 30 billion from among underground funds managed by the Ministry of Finance and Economy in the Ministry of Finance and Economy, and may receive KRW 50 billion from the company activation funds. The Defendant borrowed KRW 50 billion to the bond company company at the face of investment and paid KRW 50 billion as the above fee and returned KRW 60 million in total the principal and interest after receiving the funds for the activation of the company within one week.”

However, the Defendant was not aware of the senior public official of the Ministry of Finance and Economy, and there was no intention or ability to refund the principal and interest within one week, even if the Defendant borrowed KRW 5 billion from the bond company, and there was no way to obtain corporate activation funds from the Ministry of Finance and Economy by using it. Therefore, even if the Defendant borrowed KRW 50 million from the victim as the fee, there was no intention or ability to refund the principal and interest within one week.

On March 9, 2017, the Defendant, by deceiving the victim as above, received a total of KRW 53 million, including KRW 10 million cashier’s checks and KRW 3 million in cash from the victim, under the pretext of fees and expenses for raising funds for business activation on March 9, 2017. On the 17th of the same month, the Defendant received KRW 500,000 from the F Bank account (Account Number G) in the name of E, a date extension fee of KRW 5 billion borrowed from the bond business operator, and acquired KRW 58,00,000 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police station and prosecutor's protocol of examination of the accused (including the contents written in D)

1. Examination protocol of suspect E by the prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to checks, the details of passbook transactions, and borrowed certificates;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively taking into account, the grounds for sentencing of imprisonment) concerning the crime;

1. The sentencing criteria shall be based on;