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

Punishment of the crime

[Criminal Power] On August 9, 2017, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint confinement) and 2 years of suspended execution, and the said judgment became final and conclusive on March 30, 2018.

【Criminal Facts】

Around August 2017, the Defendant made a false statement to the victim B, “A gas station business that he claims in Nowon-gu in Seoul Special Metropolitan City, is located in the offset Dong, and the amount of KRW 200 million will be returned by being twice until December 2017 when investing KRW 100 million. This concept of investment may lead to the risk of loss of principal, but the principal will be guaranteed at the same time. The Defendant will operate a gas station as a legal entity, and will be paid monthly pay KRW 3 million by registering as a director. The Defendant would receive a loan from the legal entity.” The Defendant made a false statement to the effect that “The borrower will pay the loan from the legal entity.”

However, at the time of fact, the Defendant did not have a specific plan for the gas station business and did not have determined the gas station business, and only was thought to accept the gas station from other investors, so even if receiving the money from the victim, the Defendant did not have the ability to return the money until December 2017.

Ultimately, the Defendant, by deceiving the victim, received KRW 27,90,000,000 from the victim to the corporate bank account under the name of C, as the sum of KRW 99 million on September 19, 2017, KRW 8 million on September 20, 2017, and KRW 10,000,000 on September 22, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Legal statement of witness B and D;

1. A written confirmation of the results of electronic financial transfer;

1. Each investigation report (information on financial transactions) and investigation report (verification of a case in which a suspect files a complaint under E);

1. Previous convictions in judgment: Criminal history records, investigation reports (priors during the period of the suspension of the execution of a suspect), the accused and the defense counsel do not wish to return the principal, and E takes the lead in the gas station business, and the accused are employees;