A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

around August 2012, the Defendant: (a) operated the Victim C at the Seoul D D Private Teaching Institute that made it possible for the Defendant to pay the amount of aptitude to KRW 10 million per month; and (b) made profits by dividing it into KRW 5:5.

If 45 million won is paid, 40 million won is paid as the deposit of the above private teaching institute, and 20 million won out of the investment amount will be refunded as the deposit.

The money received is used as operating expenses, publicity expenses, etc. of a private teaching institute.

“......”

However, in fact, since January 2012, the Plaintiff was operating as the enemy, and the Defendant paid the lessor E of the building of the said private teaching institute a deposit of KRW 10 million, but since January 2012, the Plaintiff was unable to pay KRW 2.5 million monthly due to the enemy, there was no deposit to be returned at the time of receiving money from the injured party.

In addition, the Defendant had changed the nominal owner of the pertinent private teaching institute to F, and used it as operating expenses for a private teaching institute with credit loans of KRW 20 million in the future F, with the amount of money received from the injured party as the operating expenses of the private teaching institute equivalent to KRW 6 million per month, and thus, the Defendant was thought to use it as the personal rehabilitation expenses, living expenses, etc., the amount of money received from the injured party, so even if the injured party and the partnership did not have any intent or ability to return the investment amount.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) obtained delivery of KRW 45 million to G bank accounts (Account Number: H) in the name of the Defendant on three occasions, including around September 3, 2012, around October 31, 201, KRW 10 million around October 31, and KRW 25 million around November 1, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and F;

1. Statement of suspect interrogation of the accused by the prosecution (No. 27 on the list of evidence);

1. Application of Acts and subordinate statutes to investigation reports (the contents of statements by building owner E telephone);

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The sentencing criteria;