The punishment of the accused shall be set forth in six months.

Punishment of the crime

On March 24, 2016, the Defendant stated that “A victim C will pay interest on the fourth portion of a month while using money for one year if he/she lends money to the victim C at a main hotel in Gangseo-gu Seoul Metropolitan Government B hotel underground.”

However, in fact, since the defendant was planning to use money from the victim for online gambling, it is not clear whether he can raise the profit of high rate or preserve the principal by using the money borrowed from the victim, and as above, there was no particular income or property, and there was no intention to return the interest and principal on the agreed date and no ability to return them to the victim.

Ultimately, the Defendant, by deceiving the victim as above, received on April 29, 2016 KRW 10 million from the victim to the Defendant’s D Association account (Account Number E) and acquired money by remitting KRW 55 million in total over 11 times, such as the statement in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Investigation report (F telephone conversations for reference);

1. A complaint;

1. Contracts for transfer and takeover of bonds;

1. The facts charged that the Defendant and the defense counsel borrowed KRW 5,2950,000,000 from the victim for eight times from April 29, 2019 to June 9, 2019 (excluding KRW 6,10,000,000,000,000,000,000 from the Internet gambling money) of each account and the details of G Bank Admission (H) (the name of the Defendant and the defense counsel) of each account, but the Defendant had the intent and ability to complete payment at the time of borrowing money from the victim, or, in light of the relationship between the Defendant and the victim prior to the instant transaction, the victim had been aware of the use from the beginning.

The criminal intent of defraudation, which is a subjective constituent element of fraud, is so long as the defendant does not make a confession, the history, environment, and contents of the crime before and after the crime.