A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 10, 2015, the Defendant, at a law firm “D” office located in Songpa-gu Seoul Metropolitan Government, entrusts the victim E with the head of G as an organization under F.

At present, G has no obligation and has been successful in various camping events.

If the G makes an investment of KRW 100 million, it will be returned to the principal more than 30 million after one year.

Investment funds were used only for business purposes, and when profits are made through the operation of the business, 50% of the profits will be paid every time.

However, the defendant was the chief of the group.

G was closed due to the tax delinquency in 2014, and the previous camp was committed with a debt equivalent to KRW 120 million. At the time, even if the Defendant did not have any particular property or income and received money from the damaged party, he did not intend to settle the debt with the above money and use it as an individual name, such as living expenses, and did not intend to use it for business purposes. Since there was no intention to use it for the purpose of business, the Defendant did not have any intention or ability to return the invested principal.

As such, the Defendant, by deceiving the victim, received from the victim, the remittance of KRW 50 million to the National Bank Account (H) with the name of the F on November 11, 2015, and KRW 50 million to the same account on November 13, 2015, and KRW 100 million to the same account on November 13, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (including part concerning the E-examination);

1. Statement made by the police for E;

1. Business registration certificate, camping balance settlement, investment contract, details of entry and departure transactions, current status of camping spending, content certificate, and application of statutes on G business plans;

1. The grounds for sentencing (the scope of recommending punishment) of Article 347(1) of the Criminal Act regarding the relevant criminal facts and Article 347(1) of the Criminal Act regarding the choice of punishment (the choice of imprisonment) are general fraud.