A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On April 6, 2009, the Defendant told the victim F to the effect that the Defendant would make an investment of KRW 80,000,000 to the victim F in the main Chinese business, and that the principal would change to KRW 80,000,000 within one year, while making an investment of KRW 80,000 to the victim F in the main Chinese business in Korea as he gets high profits, etc. at the mutual influent drinking house located in the Nam-gu Incheon Metropolitan City, Nam-gu.

However, the defendant did not have any intention or ability to return the principal of the victim because he was in bad credit standing at the time and was thought to use it for personal purposes by receiving money from the victim.

Around April 6, 2009, the Defendant deceptioned the victim as above, and received KRW 10,000,000 from the victim’s account under the name of G, which is the Defendant’s mother on April 6, 2009, KRW 10,000,000 with the account under the name of H on the same day, and KRW 10,000,000 with the account under the name of H on April 7, 2009, KRW 10,000 with the account under the name of H on the same day, and KRW 6,00,000 with the account under the name of I around April 9, 209, KRW 5,00,000 with the account under the name of J on April 10, 209, KRW 700,000 with the account under the name of the Defendant’s birth around the same day on April 21, 2009, KRW 700,7009.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony of witness F: A statement that the defendant would not grant any money if he/she knew that he/she would arbitrarily use the money received from a witness, such as stock investment;

1. The defendant's partial statement in each prosecutor's interrogation protocol against the defendant: The statement that recognizes the remittance of 25 million won out of the transferred money of the victim to K to L's account used by K, the statement that recognizes the remittance of 28 million won out of the transferred money of the victim to his/her shares account by his/her birth J, and the statement that 7 million won out of the transferred money of the victim was remitted to G account as his/her mother's mother, and that the defendant used it.