A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On May 2017, the Defendant made a false statement to the victim D and the victim E, who were located in the C coffee shop located in the first floor of Section B building A in Jeju, stating that “The Defendant had been supplied with approximately KRW 180,000,000 from F in Incheon, and the down payment was reduced to KRW 50,000,000 as the down payment was 10,000,000,000,000 won. As the Defendant had invested KRW 30,000,000,000,000 won, the Defendant would receive 10,000,000,000 won per 1 year, by running a sand business.”

However, the Defendant did not have entered into a contract with the above F to receive sand from the Defendant. At the time, the Defendant did not have the ability to procure KRW 20 million out of the down payment, and there was no intention or ability to pay the profits agreed upon to the victims since the Defendant received the investment money from the victims, and all of them had the intent to use the money as the Defendant’s personal debt and living expenses.

On May 23, 2017, the Defendant, by deceiving the victims as above, received KRW 15,000,000 in total from the G bank account in the name of the Defendant for the purpose of investment in sand business around May 23, 2017, and received KRW 30,00,000 on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Each quantity investment contract;

1. A written confirmation of the results of transfer of electronic finance;

1. A statement of account transactions in the suspect's name;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations with persons for reference);

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Application of the sentencing criteria [the scope of recommending punishment] general fraudulent crimes: Type 1 (less than KRW 100,00) and basic area (six months-1 and six months) (no special person) of the sentencing criteria;

2. The crime of this case committed by the defendant with the sentence of sentence shall be committed by acquiring money from the victims as a business investment fund, and shall pay personal debts.