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

Punishment of the crime

The defendant is the sexuality of the C church in Gwangjin-gu, Seoul, and the victim D is the member of the above church.

On September 25, 2012, the Defendant, at the above C church, expressed an attitude that “if only investing in a company that imports and sells health assistive food in Hoju, it would bring about a stable profit of at least 10% per month to the victim. In trading with E companies, hospitals, etc., it would raise a large number of revenues, making an investment, and increasing a little amount of revenues. At present, it is supplied to the Incheon Pre-Seoul Company and the pre-North Korea Pre-North Korea bail processing company, etc.).” The Defendant, who received money from the victim, would have been able to make profits by investing in the health assist food company.”

However, in fact, the defendant did not invest in the company that imports health assistive food with money from the victim, but did not have the intention or ability to make profits even if he received money from the victim because he did not return so with respect to the multi-level company's business.

Around September 25, 2012, the Defendant received KRW 15 million from the victim to the single bank account in the name of the Defendant and received KRW 289 million in total from July 3, 2015, including transfer of KRW 15 million from that time to July 3, 2015.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the receipt of each loan, account transaction, copy of passbook, and credit card use;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the decision of type] shall be limited to fraud [the type 2], the amount of more than KRW 100 million, the amount of less than KRW 500 million [the area of recommendations and the scope of recommendations], the basic area of imprisonment with labor for not less than 1 year and 4 years [the scope of recommendations], the mitigation element: strong.