A defendant shall be punished by imprisonment for two years.

Criminal facts

[2018 Highest 729]

1. Fraud against the victim B;

A. Even if the Defendant received money from the victim B, it was thought that the sales proceeds will be used for the Defendant’s personal debt repayment, etc. even if he/she purchased the used equipment, and there was no intention or ability to reduce the principal and profit to the victim.

Around June 18, 2015, the Defendant made a false statement to the effect that “When investing in the subject money, the Defendant would purchase used machinery and tools necessary for beauty art, and distribute profits at an appropriate rate, and return the principal again.”

The Defendant received 10,000,000 won from the victim to the Defendant’s account in the name of the same day of investment.

The Defendant, including that, as indicated in the following table, by deceiving the victim on five occasions from around that time to October 15, 2015, received KRW 50,000,000 in total from the victim’s account.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

On June 18, 2015, the method of deceptioning the amount of the place (hereinafter referred to as "cost") by false means to the effect that "10,000,000 "I purchase secondhand machinery and equipment necessary for beauty art if I invest the her money, and distribute profits at an appropriate rate and return the principal at an appropriate rate," and that I receive money from the victim to the Defendant's account as an investment deposit on June 23, 2015, he/she shall receive money from the victim on June 23, 2015 for the purpose of receiving the money from the victim to the Defendant's account on June 27, 2015.

B. The Defendant, in relation to the cost of the cubing goods, only thought that the Defendant would receive the cost of the cubing goods from the cubing room and use it for the Defendant’s personal obligations, even if the Defendant had the victim B deliver cubing, which is a material necessary for beauty art.