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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On October 23, 2013, the Defendant made a false statement to the victim E at the D coffee shop in Jung-gu Seoul Metropolitan Government on the following occasions: “In order to use the underground funds that the Government of the Republic of Korea manages by people, there is a need to pay a certain fee. If the Defendant invests 30 million won, 50 million won may be loaned, and when investing 100 million won, 1.5 billion won may be loaned.”
However, the defendant did not have any intention or ability to lend underground funds, even if he did not know about the name or scale of the person with such underground funds.
The Defendant received a total of KRW 19 million from around October 23, 2013 to December 10, 2013, as shown in the list of crimes, such as receiving KRW 30 million from the victim as investment money, as shown in the list of crimes.
As a result, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F, E, and G;
1. A criminal investigation report (Preparation of the Franchism list) and each statement of transactions [the defendant denies the crime of deception and deception, but the following circumstances revealed by the evidence duly adopted and investigated by this court, i.e., ① it is not understood that the defendant's "an increase in using underground funds" alleged to be capable of being actually available is not always possible nor can it be understood simply by the explanation itself, and even the witness G who arranged the business of creating the passbook with the balance of KRW 3 billion be led to the increase in the unfluened unfluen capital (the defendant is leading to the increase in the unfluened unfluened unfluen capital)." (The 111 pages of the investigation record and the defendant also are money several times from the victim under no specific knowledge of the name or scale of the person related to the increase in the underground funds.