A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. Around December 8, 2006, the Defendant: “Around December 8, 2006, the Defendant was the victim of Gangdong-gu Seoul Metropolitan Government C Victim D’s house that “if he operates F Co., Ltd. that operates trade business in Songpa-gu, Songpa-gu, Seoul, would pay KRW 17 million monthly income to the victim.”

However, the above company was established for a long time and it was difficult to pay profits as above, and even if the company did not have the personal property of the defendant and received investments from the victim, it did not have the intent or ability to pay profits regularly every month to the victim.

The Defendant, by deceiving the victim as above, was transferred from the victim to the account under the name of the Defendant, KRW 1 million on the same day, KRW 9 million on November 1 of the same month, KRW 7 million on the 18th day of the same month, and KRW 17 million on the aggregate.

2. On April 30, 2007, the Defendant, the ice game room fraud, said at the above location, saying, “On the other hand, the Defendant would pay KRW 1,650,000 as monthly profit if he/she invested KRW 30,000,000,000.”

However, in fact, the defendant did not operate the above Western game room, and even if he did not receive the investment money from the victim due to the lack of personal property of the defendant, he did not have the intent or ability to pay profits regularly every month to the victim.

The Defendant, as above, by deceiving the victim, received KRW 30 million from the victim’s position on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of passbook transactions and application of Acts and subordinate statutes on investment contract;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] is against the basic area (6 months to 100 million won) (6 months to 100 million won).