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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
[2015 Highest 1709] On May 21, 2013, the Defendant told the victim E to make an investment in a business, such as clothes, nets, and sludge import, which “F” at the 5th floor of the Yongsan-gu Seoul Special Metropolitan City, Yongsan-gu, Seoul Special Metropolitan City, and the victim E to pay the principal and interest 28% after 35 days if the funds are insufficient.”
However, even if the defendant received money from the victim, he did not invest in the business, but did not have any intention or ability to pay the above money to the victim because he thought that he would consume by purchasing lottery tickets.
The Defendant, as a means of investment money, acquired 3 million won through the national bank account (Account Number G) in the name of the Defendant from the victim, and acquired 26.3 million won from April 19, 2013 to August 21, 2013 by transfer from the victims in the same way through the same method, such as the list of crimes.
[2015 Highest 2968] On December 15, 2012, the Defendant stated to the effect that “F” Internet shopping mall office in Gangseo-gu Seoul Metropolitan Government H victim I operated, “I raise high profits by investing shares,” the Defendant may pay 19% profits within 50 days if he/she invests KRW 10 million, and return the principal.”
However, even if the defendant received money from the victim, he did not think that he would make an investment in the shares through the later boat, and he did not have any intention or ability to pay it, since he thought that he would use it as the living expenses of the defendant.
On December 20, 2012, the defendant acquired 10 million won from the victim through the national bank account (Account Number G) in the name of the defendant on December 20, 2012.
Summary of Evidence
[2015 Highest 1709]
1. Defendant's legal statement;
1. Each police statement to J, K, L, and E;
1. Contents of text messages;
1. Inquiry into the results of the transfer process, the certificate of remittance, and the certificate of transfer (2015 order 2968);
1. Defendant's legal statement;
1.As to I.