A defendant shall be punished by imprisonment for six months.

Punishment of the crime

From June 2017 to August 201 of the same year, the Defendant made a false statement to the effect that “If 10,000,000 won is invested in E, which has its head office in Brazil, the victim D makes an investment of KRW 5,20,000 per five weeks, and if 20,000,000 is invested, 9,10,000 won per five weeks, the Defendant shall guarantee the profits of up to 10 times per five weeks.”

However, the defendant did not have the intent or ability to pay the profits promised even if he received an investment from the victim.

As such, the Defendant, by deceiving the victim as such, received from the victim the money of KRW 2.5 million on June 19, 2017 from the F Bank account (Account Number: G) in the name of the Defendant for the purpose of making investments, and received respectively the money of KRW 10 million on August 24, 2017 from the company bank account (Account Number: H) under the name of the Defendant, and KRW 29 million on August 29, 201, and KRW 10 million on the 30th of the same month.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of D police statement;

1. A complaint, - Application of the laws and regulations governing entry into and withdrawal from accounts;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. The sentence shall be determined in the same manner as the order is taking into account the following factors: the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime was committed: (a) the part of the damage to which the sentence was adjudicated (5,382,00 won) has already been recovered; and (b)