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

Punishment of the crime

On February 1, 2017, the Defendant stated that “The victim would use KRW 500 million as the proceeds from the sale of the E hospital building and land awarded a successful bid in the name of the Defendant, and pay KRW 650 million in total the principal and dividends until April 30, 2017,” at the D office operated by the victim C in the sixth floor of the YY-gu Seoul Special Metropolitan City B building in the name of the Defendant.

However, at the time of fact, the Defendant was awarded the auction object at KRW 2.51 billion on November 14, 2016, but did not pay any balance in addition to the payment of the sales deposit of KRW 170,974,900 as well as the payment of the balance after receiving the loan from the financial institution. Although there was no other method of raising funds in addition to the payment of the balance after receiving the loan from the financial institution, the amount of loan from the financial institution such as the F Cooperatives was insufficient to pay the proceeds of the loan at the G branch of a company G branch of a bank, and it was unclear whether it is possible to receive the loan and pay the proceeds of the loan. Since the above E hospital had not been operated due to the exercise of the right of custody at the time, there was no intention or ability to return the principal and the proceeds within three months after receiving the investment from the complainant.

On February 1, 2017, the Defendant, by deceiving the victim as such, received KRW 500 million from the victim to the Daegu Bank Account under the name of the Defendant, from the victim and acquired it by remittance as investment money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to C and H;

1. C Complaints;

1. A joint investment contract, fact-finding certificate, each subrogated performance certificate, and a record of transaction details;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of the details of a passbook for reference, telephone conversations with the head of a branch office of an enterprise bank G branch of an enterprise bank, attachment of criminal suspect A account details, C and telephone conversations with the complainant, reference witness H data attached - J and business text contract);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes