A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 20, 2013, the Defendant made a false statement to the effect that “When receiving surplus funds, the Defendant will return the profits from the investment of stocks with the principal and return them,” by phoneing the victim C at the Korea Bio-resources Office located in Geumjin-gu, Geumcheon-gu, Seoul Special Metropolitan City.”

However, in fact, the Defendant failed to make an investment in the Internet fashion, futures, stocks, etc. at the time, and had a total amount of KRW 3-400 million, such as financial institutions and bonds, and had been urged by them to pay the principal and interest on the said debt with the money received from the injured party, and there was no intent or ability to pay the principal and interest to the injured party.

Nevertheless, the Defendant received 200,000 won from the injured party to the dynamic securities account (D) account in the name of the Defendant on the same day from the injured party and received a total of 29,050,000 won from the injured party through the above method from March 20, 2013 to March 20, and acquired it by defrauded.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

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

1. A detailed statement of transactions in the passbook and application of Acts and subordinate statutes on a loan certificate;

1. Determination as to the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the issue of the choice of punishment (as a whole, the choice of imprisonment with prison labor)

1. The gist of the defendant's and his defense counsel's assertion was that the defendant had the intent and ability to repay money from the injured party at the time of borrowing money from the injured party, and the defendant did not borrow money from the injured party with the statement that he would be able to repay the money when he would be paid from the injured party, and there was no deception by forcing the injured party to invest in stocks

In full view of the results of the examination of the defendant against the defendant, the defendant's assertion is examined.

2. The following circumstances, which are acknowledged by this Court, comprehensively taking into account each evidence duly adopted and investigated by the court, i.e., the victim has harmed the original guarantee from the defendant since the investigative agency.