A defendant shall be punished by imprisonment for four months.

Punishment of the crime

1. Around December 7, 2015, the Defendant made a false statement that “If he/she has invested in “H” in a kitchen, he/she will return the principal including 50 days and 4% interest,” by phoneing the victim A from the French land to Busan (hereinafter referred to as “H”) around December 7, 2015.”

However, in fact, the Defendant was willing to use the money received from the victim as living expenses and gambling money, or as repayment of other obligations of the Defendant, and thus, the Defendant did not have any intent and ability to return the interest and the principal 50 days after the 50-day agreement, even if he received the money from the victim.

The Defendant received 15 million won from the victim to the treatment securities account (AB) account (AB) in the name of the Defendant for the same day of investment.

2. Around December 27, 2015, the Defendant made a false statement to the effect that, if he/she made an investment in “H” by phoneing to the victim on a closed land not exceeding Busan, the Defendant will return the amount including the interest of 6% after 30 days, including the interest of 30%.”

However, in fact, the Defendant was willing to use the money received from the victim as living expenses and gambling money, or as repayment of the Defendant’s other obligations, and thus, the Defendant did not have any intent to return the interest and the principal 30 days after the 30-day agreement, even if receiving the money from the victim.

The Defendant received 14 million won from the victim to the treatment securities account (AB) account (AB) in the name of the Defendant for the same day of investment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement made to A;

1. Application of Acts and subordinate statutes on complaint and certificate of deposit;

1. The relevant provision of criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud and the basic area (6-100 million won or less) of punishment (6-1 year or 6 months) is nonexistent [the decision of sentence] without the same kind of power.