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

The request of the applicant for compensation shall be dismissed.

Punishment of the crime

1. On December 8, 2016, the Defendant, by telephone, intended to make an investment in No. 101 Dong 201-dong 101, Gyeonggi-gu D Building No. 101, 2000,000 won, by telephone to the victim C, is to use only three months for the loan of KRW 90,000,000, and to pay the interest plus

“......”

However, in fact, the defendant was thought to use money as private sports gambling funds from the damaged party, and there was no intention or ability to repay the principal and interest within three months after investing in real estate.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred the sum of KRW 20 million to the Suhyup Bank Account (Account Number E) of KRW 90 million on December 15, 2016; (c) KRW 20 million on December 16, 2016; and (d) KRW 50 million on December 19, 2016, to the Defendant’s name.

2. On December 20, 2016, the Defendant would make an investment in real estate with a loan of money to the said victim by telephone, and pay the principal to the police officer in the month of January by adding interest to the principal.

“......”

However, the Defendant was thought to use the borrowed money as a private sports gambling fund as stated in paragraph 1, and the Defendant did not have any intent or ability to repay the principal and interest until the first month of investment in real estate.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 120 million to the account in the name of the Defendant as described in paragraph (1), including KRW 30 million on December 29, 2016; (c) KRW 70 million on December 30, 2016; and (d) KRW 120 million on January 11, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the examination of the accused by the prosecution (two-time statement-type);

1. Statement made by the police against C;

1. Hearing of statements by complainants and reporting on recording books;

1. Investigation report (verification, etc. of suspect's place of using borrowed money and account details);

1. The details of each text message, certified copy of the registry, documents related to real estate at Suwon-do Won-si, certificates of monetary consumption lending and lending contract, confirmation certificates (written notes), and real estate trading contract.