A defendant shall be punished by imprisonment for four years.

The defendant shall pay 582,960,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

On August 16, 2013, the Defendant stated to the effect that “B is engaged in real estate consulting services,” in Gangseo-gu Office D located in Gangseo-gu, Gangseo-gu, Seoul, the Defendant would be responsible and guaranteed for 400,000 won for making investments in studio or real estate, and if the construction completion permission falls short of at least 30,000 won within the latest 30,000,000 won, it would immediately result in profits. It is not only 16 persons who engage in the same work across the country, and there are many people who invest money to the police and the prosecutor’s office, and there is no concern about whether money would be absolute fraud.”

However, even if the defendant received money from the victim as the name of investment, he was only the intent to use it to pay the principal and interest to the person who made an investment earlier than the victim, and actually did not have the intention or ability to pay a high profit by investing in real estate.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim’s bank account in the name of the Defendant on the same day through the national bank account in the name of the Defendant, and received KRW 901,980,000 from then on October 30, 2013, including transfer of KRW 76 times in total from the victim, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Responses to the provision of financial transaction information;

1. Certificates of deposit transactions and detailed statement of financial transactions;

1. Application of Acts and subordinate statutes on transaction of passbooks to the National Bank;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the crime;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Sentencing Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution