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

Punishment of the crime

【Criminal Power】 The Defendant is a person who was sentenced to a suspended sentence of two years for violating the Korean Racing Association Act at the Jeju District Court on August 20, 2009, which became final and conclusive on August 28, 2009 and is currently under suspended sentence.

【Criminal Facts of Crimes】 On December 1, 2006, the Defendant said that “In order to operate a private horse race track at the same time. When a party invests KRW 100 million in cash, the Defendant would make up for the principal and distribute investment profits to the victim C at every 300,000 won per month.” The Defendant said that “I would like to open an account in the name of the party and deposit money at the same time so that I can do so so.”

However, in fact, most of the basic funds of KRW 500,000 for operating the said private race track were rarely owned by the Defendant, and the said private race track began from June 2006, and there was a situation in which it was impossible to reduce the return on investment of KRW 3,00,000 as the Defendant promised to pay for the return on investment to the victim.

Nevertheless, on December 22, 2006, the Defendant: (a) opened a bank account under the victim’s name; (b) transferred KRW 100 million to the said account; and (c) transferred the price cards, etc. necessary for the use of telebanks to the Defendant; and (d) deposited additionally KRW 50 million into the said account around January 5, 2007; and (b) made the Defendant use of the said account.

Accordingly, the defendant belongs to the victim and obtained 150 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Each legal statement of witness C and E;

1. Detailed statement on criminal complaint and deposit passbook transaction;

1. Application of Acts and subordinate statutes concerning criminal records and summary information output of case;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 347 (1) of the Criminal Act;

1. Concurrent Handling: Evidence given prior to the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Act.