A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On March 2016, the Defendant’s fraud against the Victim C, at the Defendant’s home located in Gwangju Mine-gu 103 Dong-dong 302, the Defendant would bring the Victim C a profit of 15% per annum by investing funds in capital in the face of KRW 20 million, futures option lending account, etc.

From July 2017, it will pay profits.

“...”

However, the Defendant did not have any intent or ability to pay the profits by investing in futures option lending account, etc. even if the Defendant received money from the injured party due to the bad credit standing and excess of the obligation.

Nevertheless, on March 11, 2016, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Defendant’s new cooperation account as investment money from the victim, and acquired it by fraud.

2. The Defendant’s fraud against the victim E and F was planned to build a contact with the victim E and F in the island located in the military territory G in front of the public service center of the Si/Gun/Gu in the early September 2016, the Defendant would distribute the amount remaining after excluding public relations expenses, activity expenses, etc. from the gains from the transfer of the right to sell lots, to the victim E and F, in proportion to the amount of the investment amount in front of the public service center of the Si/Gun/Gu.

“.....”

However, even if the defendant received money from the victims due to the bad credit standing at the time and the excess of his/her obligations, he/she did not have any intent or ability to pay the proceeds by investing in the contact business.

Nevertheless, the Defendant, as seen above, by deceiving the victims, received KRW 10 million from the victim F for investment in containers around September 12, 2016, and received KRW 10 million from the victim E on September 20, 2016, and received KRW 10 million on September 20, 2016, and KRW 10 million on September 21, 2016 from the victim E, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for A and E;

1. To apply Acts and subordinate statutes, a copy of a fund investment contract, a certificate of deposit transaction records, and a written provision of financial transaction information;