A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The defendant is a person who operates a health club in the underground of Seocho-gu Seoul Metropolitan Government D Building.

On February 15, 2011, at the Investment Brokerage Office of G near the F Station located in Gangnam-gu Seoul Metropolitan Government, the Defendant made a false statement to the effect that “The Defendant would operate a health club in the underground of the Seocho-gu Seoul Metropolitan Government D Building. If 1.60 million won is invested, the Defendant would pay 500,000 won per month as profits and return the principal within six months within six months. The Defendant would offer 75 million won as security for the lease deposit and the right to operate the health club of the first floor underground of the Yeongdeungpo-gu Seoul Metropolitan Government J. J. J. 1, which is operated under the name of F.I. as security for the investment deposit.” On the same day, the Defendant written an investment contract with the victim as above.

As a result, the Defendant received KRW 5 million from the victim at around February 15, 201, from the victim. On February 25, 2011, the Defendant transferred KRW 130 million to the Agricultural Cooperative account (Account Number L) in the name of the owner of the said D Building, under the name of the said D Building, and received KRW 25 million from the Defendant’s I bank account (N) around February 28, 201.

However, even if the defendant receives money from the victim as the source of investment, he/she did not have the intent or ability to pay the principal within six months each month, and the deposit for the lease of a health club of the first floor underground of the Yeongdeungpo-gu Seoul Metropolitan Government J building operated by the defendant was offset by overdue rent, management fee, etc. and did not have value as a security.

Accordingly, the defendant deceivings the victim and 160 million won in total.

Summary of Evidence

1. Legal statement of the witness H;

1. The defendant's partial statement in the first protocol of trial;

1. Each investigation report (related to telephone investigation by a witness, and an O telephone investigation by a witness);

1. Application of Acts and subordinate statutes to the Pinvestment contract, copy of receipt, transfer certificate, copy of each lease contract, and details of arrears;

1. Criminal facts;