Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On May 24, 2016, the Defendant stated that “The victim B shall make an overseas futures investment to transfer the balance of the account under four names to the individual account in the internal bank and distribute the profits therefrom.”

However, in fact, the defendant received money from the victim and thought to use it for personal purposes such as living expenses, and did not have the intent or ability to distribute profits by making overseas futures investment as agreed.

Ultimately, the Defendant, by deceiving the victim as above, obtained money from the victim to the E-bank account (F) in the name of the Defendant’s mother-friendly D under the same day as the investment money from the victim and acquired it by transfer.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The police statement concerning B;

1. The defendant and his defense counsel asserted that there was no intention or intention of deception or deception on the part of the defendant and his defense counsel because the defendant merely carried out overseas futures investment in accordance with the agreement with the victim and distributed proceeds to the victim, and did not have any intent or ability to distribute proceeds by making overseas futures investment.

However, according to the evidence duly adopted by this Court, the defendant was merely 1,475,952 won in the balance of the above account immediately before receiving the investment of KRW 25,232,611 from the victim to the E bank account under the name of his/her mother on May 24, 2016. The defendant was merely 315,643 won in the balance on June 9, 2015 where the defendant had not yet passed since receiving the investment of the above money from the victim. The defendant's investment in an overseas gift through the bank lending company during the above period is KRW 1 million [G (H)] on May 24, 2016, KRW 50 million [G (H] on May 26, 2016, KRW 1,500,000 in the total of KRW 1,475,952 in the above account] and KRW 567,561,563 in the above amount of money from the victim [1.65 million]