A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 50,000,000 won to the applicant through fraud.

Punishment of the crime

1. On November 2, 2015, the Defendant, who works as an insurance designer, from the E middle school located in S, in P, on or around November 2, 2015, left profits by inserting the outside account with the victim C of the said school.

The principal will be repaid two years after the payment of interest on the 750,000 won per month from the lending of money.

The phrase “ makes a false statement.”

However, the defendant did not have the above external account, and even if he received an investment from the victim, he thought that he would use it for personal debt repayment, etc., so he did not have an intention or ability to pay the principal and interest to the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 30 million from the injured party on the same day.

2. On November 27, 2015, the Defendant stated that “Around November 27, 2015, the Defendant would pay KRW 5 million to the victim of the above E secondary school as interest to the said external account in addition to the need of additional KRW 20 million to be deposited in the said external account.”

However, for the same reasons as the statement in paragraph 1, the defendant did not have the intent or ability to pay the principal and interest to the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 10 million from the injured party on the same day, and KRW 10 million around December 28, 2015 from the injured party on the same day.

Accordingly, the Defendant acquired a total of KRW 50 million from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written complaint (including attached documents);

1. Application of the photographic Acts and subordinate statutes by cutting down a text message;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Interest on KRW 30 million, which is the sum of the amount obtained by deceitation of the reasons for sentencing in Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Compensation Orders, exceeds a considerable amount.