A defendant shall be punished by imprisonment for two years.

The defendant against C, an applicant for compensation, with embezzlement of KRW 50 million, and the applicant for compensation.

Criminal facts

1. Defendant A

가. 사기 ⑴ 선물옵션 투자금 사기 ㈎ 피고인은 피해자 D으로부터 선물옵션 투자금 명목으로 금원을 받더라도 피해자에게 수익을 올려 줄 의사나 능력이 없었다.

Nevertheless, on October 2010, the Defendant received from the victim on November 4, 2010, KRW 30-40,000,000,000 from the victim on a false basis to the effect that “if an investment has been developed with an excellent gift investment program for Aju, an investment can be fully made daily, and if an investment has been made with a loan from a financial institution because it does not absolute damage, it would guarantee not only the principal but also the interest,” and thereby, acquired from the victim the total amount of KRW 145,80,00 from the investment.

㈏ 피고인은 2010. 12. 8. 불상의 장소에서 피해자에게 전화하여 “선물옵션시기로서 수익내는 시가가 왔다. 큰 수익을 볼 수 있으니 투자하면 원금과 수익을 곧 주겠다”는 취지로 거짓말하여 이에 속은 피해자로부터 같은 날 투자금 명목으로 피고인이 관리하고 있던 선물옵션계좌로 2,000만 원을 교부받아 이를 편취하였다.

B. The Defendant had no intention or ability to repay the money, even if he received the money from the victim D as the borrowed money related to the development of real estate.

Nevertheless, on December 28, 2010, the Defendant made a false statement to the effect that “If the Defendant purchased and sold five parcels, other than G, in smuggling, and sell them to the said victim, it would make profits from the purchase of five parcels, but if the Defendant borrowed the funds to purchase the said parcels and the appraisal and assessment expenses for the remainder of loans, it would receive a loan from the said real estate as collateral and repay the said money to the victim.” Accordingly, F on December 28, 2010 from the victim.