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 January 4, 2013, the Defendant found D’s investment solicitation in a de facto marital relationship in the C office operated by the Defendant located in Ansan-si, the Defendant: “If an investment is made in a mobile phone business, the Defendant would make a monthly payment of KRW 1 million to KRW 1,00,000 to KRW 1,500,000 per month, which is 40% of the profits from the mobile communication 3 company business if an investment is made in the mobile phone business; and the Defendant drafted a written contract therefor.

However, in fact, the above business was in a situation where it is difficult to make profits even if the victim was made an investment, and the defendant did not have any intent or ability to pay profits to the victim as stipulated in the investment contract because the defendant did not have any intent or ability to pay profits to the victim as a result of the investment contract, since the use of paying the money to the victim, the purpose of paying the subsidy to the customer (in case of receiving the subsidy from the communication company, the payment is made first and later from the communication company), the use of paying the subsidy to the customer, the intention to use the victim's funds to expand the business by investing the victim's funds in the pre-paid business not notified to the victim.

The Defendant received 15 million won from the injured party to the post office (F) account in C’s name on the same day, and 1.2 million won in total from the same account around January 26, 2013, and received 16.2 million won in total as investment money.

Accordingly, the defendant was given property by deceiving the victim in collusion with D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Application of Acts and subordinate statutes of investment contract;

1. Article 347 (1) and Article 30 (General Provisions) of the Criminal Act concerning the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;