A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, the fraud committed on November 5, 2014 is acquitted.

Punishment of the crime

Around June 5, 2014, the Defendant made a false statement to the victim D that “if the Defendant has invested KRW 150 million in the funds necessary for constructing a multi-household building on the ground E of the members of Ansan-si, Ansan-si, the Defendant would pay KRW 190 million in total as the principal and interest of the investment, i.e., KRW 95 million on October 20, 2014 and KRW 195 million on February 20, 2015, which is four months after the time when the preservation registration was completed.”

However, in fact, the Defendant did not sell another multi-household building at the time, so it was short of funds that could be operated, and it was a situation in which F, G, etc. have to pay the borrowed money and the principal and interest of investment due.

Therefore, even if the victim receives money from the victim as investment money, it should be used for the repayment of the above principal and interest. Even if the victim receives money from the victim as investment money, the victim did not have the intent or ability to pay the principal and interest of the investment at the agreed time

Nevertheless, the Defendant by deceiving the victim as above and transferred KRW 150 million in total to the new bank account (I) with H used by the Defendant from the victim, around June 5, 2014, and KRW 50 million around June 9, 2014.

Summary of Evidence

1. Witness D or F testimony;

1. Investigation reports (informating the details of transactions in the I Account in the name of a suspect H);

1. According to the evidence found guilty, the victim D paid money for the construction of a new multi-household building in accordance with the joint investment agreement with the defendant. However, the defendant remitted this money to the victim's mother-friendly F's passbook and used it to repay investment funds to such person. If the victim actually knew that he would use the money for the repayment of investment funds to the victim's mother-friendly F, the victim would not pay the money. Accordingly, the defendant would use the money under the above circumstances.