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

Punishment of the crime

On April 22, 2011, the Defendant, at the home of the victim D (Inn, 80 years of age) located in Songpa-gu Seoul Metropolitan Government C301, concluded that “The Defendant was a company with high profit rate of 15-20% per annum by investing the loaner in the mountain surine where the loaner is a company with high profit rate of 39%, such as: (a) the loaner is a company with high profit rate of 39%; (b) the Defendant received 39% interest from the loaner.”

However, as above, even if the Defendant received money from the victim, he did not intend to use the said money as investment funds of the lending company, and there was no intent to use it as investment funds of the lending company. At the time, most of the assets of the lending company were made due to investment in stocks, and there was no asset in the name of the Defendant, while there was considerable debt due to investment in stocks. The Defendant did not have any way to create a stable interest by investing the said money in the lending company, so even if he received money from the victim, the Defendant did not have any intent or ability

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the new bank account (E) in the name of the Defendant on the same day. From that point to April 24, 2012, the Defendant was transferred KRW 280,000,000 by the same method six times in total, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with D (1, 2, and 3 times);

1. Application of Acts and subordinate statutes, such as a remittance statement, each money borrowed contract, and a remittance certificate, etc. (referred to the sequence 5, 6, 8, 9 of each evidence list);

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The sentencing criteria shall be set;