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

An application for compensation by an applicant for compensation shall be dismissed.

Criminal facts

The Defendant, while working as an insurance solicitor on May 2007, had attempted to acquire the said money by deceiving the victim C, who is his customer, to receive KRW 100 million of death insurance money due to the death of her husband, to access the victim and to make an investment in the electric house business by deceiving the victim as if he would pay a reasonable profit.

On July 2007, the Defendant made a false statement to the effect that the Defendant would sell all the houses after three years if he purchased the land jointly with the Gyeonggi-do Governor and invested KRW 80 million in the newly-built electric source house in the Kumjin-gu Seoul Special Metropolitan City, Geumdong-gu. In order to the effect that the Defendant would sell all the houses after three years if he/she purchased the land and invests KRW 80 million in the new house.

However, in fact, the Defendant only lent the name of the above house, which is the sole owner, and did not have the authority to dispose of the said house, and was intended to use the money in return for the repayment of personal debts, etc. even if the Defendant received the money from the victim, and did not have any intent or ability to leave the return on investment to the victim by investing in the above house of electric power generation.

Around August 17, 2007, the Defendant received KRW 80 million from the victim to the former bank account (D) in the name of the Defendant on or around August 17, 2007.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Each investigation report and evidential materials attached thereto;

1. Application of the detailed statement of deposit transaction records Acts and subordinate statutes;

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

1. The reasons for sentencing are as follows: (a) Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Dismissal of Application for Compensation Order; (b) Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation (the scope of liability for compensation is not clear since the Defendant partially repaid to the victim after the instant crime).