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

Punishment of the crime

1. On June 11, 2013, the criminal defendant against the victim B made a false statement to the victim “D” restaurant operated by the victim B in Seo-gu Daejeon, Seo-gu, Daejeon, that “I would pay a large amount of money with stock investment. If the victim invested KRW 10 million, I would make an investment that will pay a large amount of profit.”

However, the Defendant was unable to make profits through an investment in stocks, such as there is no balance in the stock account at the time, and even if the Defendant received the said money from the victim and intended to use the profits for personal purposes, such as personal debt repayment, living expenses, etc., so even if the said money was invested by the victim, the Defendant did not have the intent or ability to pay the principal and profits to the victim even if it was invested in stocks.

Nevertheless, the defendant acquired 10 million won from the victim on the same day by transfer.

2. On February 2014, the Defendant’s fraud against the Victim E, if investing KRW 70 million in a restaurant located in Daejeon Seo-gu F, Daejeon around the end of February, 201, will guarantee the Victim E’s profits by 5% per month through an investment in the discontinued stocks.

‘False speech' was made.

However, the defendant did not receive the above money from the victim and intended to use it for personal purposes, such as office rent, living cost, and land purchase cost, so there was no intention or ability to pay the principal and profits to the victim.

Nevertheless, on April 7, 2014, the defendant acquired 70 million won from the victim by remitting it.

Summary of Evidence

1. Statement of the defendant in part of the first trial record;

1. Partial statement of the defendant concerning the interrogation of the suspect by the prosecution;

1. Each police statement of B and E;

1. A description of transactions, A, notarial deeds, money borrowed certificates, promissory notes, statement of use, recording records, investigation reports (in addition, accompanying documents of suspect), asset management statement, and other description;