A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around the end of January 2018, the fraud Defendant stated that “In Jeju, the Defendant would provide the victim D with profits of three to five times by investing KRW 36 million in the virtual currency called E, if he/she pays KRW 36 million to B” in the C coffee shop located in Gangnam-gu Seoul.

However, even if the defendant received money from the victim, he did not have the intent or ability to make a high profit by investing in E, and the money received from the victim was considered to be used for personal purposes.

Nevertheless, the Defendant, as above, deceiving the victim and deceiving it from the victim, to the national bank account (Account Number F) in the name of the Defendant, KRW 26,9 million on January 26, 2018;

1. On July 27, 200, a total of KRW 36 million, including KRW 7 million, was remitted and acquired by fraud.

2. Around March 2018, the Defendant embezzled the 3 stuffs arbitrarily disposed of and embezzled the cosmetics while the victim’s hair in G apartment and H sold cosmetics and sold cosmetics, and the 3 million won he/she kept cosmetics for the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of the police officer to I;

1. Investigation report (proof of the fact of fraud by telephone/A from the preceding decoration date);

1. Details of conversation, a detailed statement of deposit transactions, details of account transactions, reply to account transactions, application of Acts and subordinate statutes;

1. Articles 347(1) and 355(1) of the Criminal Act (the point of embezzlement and the choice of imprisonment) of the relevant legal provisions concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. Defendant's assertion;

A. Since the victim voluntarily asked the defendant to make an investment, and the defendant invested in E through I after receiving money from the victim, the defendant does not receive money from the beginning.

B. The Defendant sells 2 stuffs among 5 stuffs that he received from the victim.