A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On September 2014, the Defendant made a false statement to the effect that “The 1.5% per month when investing in C, which he operates, will be paid 30,000 won per case whenever a new member joined,” and that “the principal will be returned after six months.”

그러나 사실 당시 피고인은 7,000만 원 이상의 채무를 부담하고 있었고, 진행하고 있던 개똥쑥 할부 판매 사업은 수익성이 불투명하였으므로, 피해자로부터 투자금을 받더라도 약속대로 수익금 등을 지급하고 6개월 후에 원금을 반환할 의사나 능력이 없었다.

Nevertheless, the Defendant, as such, by deceiving the victim as such, received a total of 14.2 million won (one million won, September 18, 2014; KRW 1.4 million; KRW 20 million, October 1, 2014; KRW 20 million, October 21, 2014; KRW 200 million; KRW 6.2 million on October 6, 2014; KRW 3 million on October 10, 2014; KRW 1.4 million on October 1, 2014; KRW 3 million on October 16, 2014; KRW 1.4 million on October 16, 2014; KRW 1 million on October 16, 2014; KRW 1 million on October 16, 2014; KRW 2 million on October 2014; KRW 1.4 million on October 2, 2014; KRW 1.5 million on December 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Protocol of the police statement concerning B;

1. Investigation report (Submission of details of transfer by complainant) and a certificate of details by member trading account attached thereto;

1. Investigative reports (Analysis of details of transactions of passbooks of suspects) and attached details of transactions, inquiry into details of transactions, and personal financial transactions;

1. Investigation report (Submission of a copy of corporate income statement on March 2014) and standard income statement attached thereto;

1. Investigative reports and replies upon requests for cooperation in investigation attached thereto;

1. Full certificate of the registered matters;

1. A funding investment contract and a letter;

1. Details of transactions by account;

1. Application of Acts and subordinate statutes of installment financing agreement and business registration certificate (C);

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment