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

Punishment of the crime

On September 10, 2007, the Defendant called the victim E by telephone from the D Licensed Real Estate Agent Office located in Yeonsu-gu Incheon Metropolitan City, to the victim E, and saying, “Until now there is any money, the Defendant may receive the apartment loan as collateral, and if there is no money, the sum of the principal and profits may be at least KRW 100,000,000,000,000,000,000,000 won. When lending money, the Defendant purchased the land at the level of reinforcement, and then sold the land at the end of six months, to grant the principal and profits.”

However, there was no land in place that the defendant intends to purchase at the level of reinforcement, the strengthening of the investment funds received from the victim was thought to be used for the personal purpose of the defendant, not for the purchase price of land, and there was no intention or ability to return the principal and the profits to the victim as agreed.

On September 19, 2007, the Defendant, by deceiving the victim, received KRW 9 million from the victim through the Defendant’s national bank account on September 19, 2007, and received KRW 61 million from the Defendant’s national bank account on the 20th of the same month, and acquired KRW 70 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each prosecutor's protocol of examination of the accused;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, Article 347 of the Defendant’s reason for sentencing a sentence of imprisonment with labor or heavier punishment, but the amount of damage reaches KRW 70 million, and the victim has not been recovered from damage up to now, shall be determined in consideration of the fact