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

The defendant is an applicant for compensation, who is an applicant for compensation, with the amount of KRW 20 million.

Punishment of the crime

On December 2, 2011, the Defendant issued a false statement to the victim C and B that “A permit must be purchased to operate a rooftop advertising business in the vicinity of Cheongcheoncheon-gu, Seoul, with the purchase of the permit. A large amount of money may be imposed upon attracting an advertiser after purchasing the permit. If funds necessary to purchase the permit are invested, the amount of the investment shall be repaid within at least one year, and the return on investment shall be guaranteed at least 100% of the invested amount after one year. If the advertiser is unable to attract an advertiser, the Defendant would guarantee the principal invested by selling the purchased permit to others.”

However, the defendant did not have the intent or ability to purchase the certificate of on-board advertising advertising, only if he had a plan to repay the debt with the investment money received from the victims and to pay national taxes due to the situation where there was a debt equivalent to KRW 70 million at the time and national taxes in arrears.

As such, the Defendant, by deceiving the victims, was transferred from the victims to the Korean bank account under the name of the victims on January 19, 2012, the sum of KRW 20 million, and KRW 20 million, including the same account around March 6, 2012, to the same account around March 6, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement of the accused's partial statement in the suspect examination protocol of the accused by the prosecution (written one time);

1. Statement of C in the police interrogation protocol (2 times, 2 times, and 3 times) of the accused;

1. Statement to C by the police;

1. Complaint;

1. Application of the transfer certificate and the details of passbook transactions statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

4. Sentencing Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution