A defendant shall be punished by imprisonment for not less than one year and six months.

All applications for compensation order filed by an applicant for compensation shall be dismissed.

Punishment of the crime

1. On September 2015, the criminal defendant against the victim C made a false statement that “The defendant would keep a large amount of profit within one to two months if he/she pays money to the victim,” which read, “The defendant would make a sale of the gold bars held by the Government, H, and I to the victim, who is operated by the victim C in Jongno-gu Seoul, Jongno-gu Seoul.”

However, in fact, even if the defendant receives the investment money from the victim, he/she did not have the intention or ability to leave the large profits within one to two months.

As a result, the Defendant, by such means as deceiving the victim, was transferred from the victim to the account of the JJ, which is his/her parent, for the purpose of investment funds, KRW 40 million on September 23, 2015, KRW 60 million on or around October 1, 2015, and KRW 100 million on or around the same year.

2. On October 2015, the Defendant, against the victim D, made a false statement to the victim D in the same place as the above paragraph 1, at the beginning of October 2015, and in the same manner as the above paragraph 1.

However, in fact, even if the defendant receives the investment money from the victim, he/she did not have the intention or ability to leave the large profits within one to two months.

As a result, the Defendant, by such means as deceiving the victim, was transferred from the victim to the bank account of the Defendant’s her husband’s her husband’s son and around October 12, 2015, KRW 40 million from the victim’s her husband and wife.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the protocol concerning the examination of the accused by the prosecution (including the cross-examination);

1. Statement of each police statement regarding C;

1. A complaint, a deposit certificate, or a loan certificate;

1. Investigation report (Submission of a record of telephone conversations which is the criminal complaint C);

1. Details of applications for a warrant of search, seizure, and verification (applicable to financial accounts) and replies;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of Kakao Stockholm text, the complainant);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;