A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On September 9, 2013, the Defendant: “D” coffee shop located in the front of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; “The Victim E has underground funds following the Government’s underground economic growth; and when preparing partial performance amount, he/she may money out to the Fund through normal sheet and impose money legally. The Defendant would pay KRW 400 million after lending KRW 20 million. There is a passbook with KRW 10 billion. There is a passbook with KRW 10 billion, and if the passbook collected the money in the dormant account; KRW 50,000,000,000,000 won, which is not registered as a specific object, is also collected; “The amount of KRW 10,000,000,000 enter and KRW 30,000,000,000,000,000 won, excluding KRW 75.6% of the double taxes, may receive dividends of KRW 100,100,000.”

However, in fact, the Defendant did not confirm whether there was a dormant account or unregistered cash deposited with underground funds, so even if receiving money from the victim, the Defendant did not have the intent or ability to pay dividends of KRW 400 million to the victim. Since it was difficult to pay credit card bills from around 2010, it did not have the intent or ability to return the principal of investment KRW 20 million received from the victim.

On September 24, 2013, the Defendant, by deceiving the victim as above, obtained money from the victim to the bank account (Account Number F) account in the name of the Defendant and acquired money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes on confirmation notes and deposits without passbook;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud category 1 (less than KRW 100 million) and the basic area (not less than six months to one year and six months) (no special person);

2. The defendant who was sentenced to the sentence has committed the instant crime.