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

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

On March 16, 2015, the Defendant concluded that “F Hanwon, operated by the Defendant in Gangnam-gu, Seoul, would have made an investment of KRW 50 million per month to the victim D in order to expand and transfer Korea Won,” and that “if the Defendant made an investment of KRW 150 million, it would pay the principal in full three times until April 16, 2017, and separately pay the amount equivalent to KRW 130 million per month to KRW 3 million to KRW 7.5 million.” “The amount of investment shall be used as expenses incurred before the extension and transfer of the total amount of KRW 130 million, and shall not be used in performing obligations to individuals and hospitals.”

However, the Defendant, without any particular property at the time, was responsible for the debt amounting to KRW 60 million, and there was little net income in the Hanwon who had been operating the business. Accordingly, even if the Defendant received the investment from the injured party, the Defendant did not have any intent or ability to pay the total amount of KRW 130 million,000,000,000,000, out of the investment money received from the injured party, in consideration of the intent to use it as repayment of the obligation owed by an individual and hospital.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred 60 million won to the account in the name of G on April 17, 2015 from the victim; and (c) transferred 60 million won to the account in the name of H and one other on the same day as the deposit money for the lease of Hanwon on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Each protocol concerning the examination of the suspect against the accused by the prosecution (including DNA statements);

1. Each police statement made to I and J;

1. A copy of the investment contract and joint and several guarantee agreement, a copy of the contract termination certificate, a copy of the suspect A's statement, a copy of the head of the Tong, a copy of the seizure-related document, an investigation report (Presentation of the suspect A). A copy of the attendance of K Nursing Institute, the details of K Incentives Payment