A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

On September 21, 2015, the Defendant made a false statement to the effect that “The Defendant would purchase gasoline at a closed oil station and return it to the general oil station” with the victim B, “The Defendant would give KRW 2,500,000 per month as profits if it invests KRW 50 million in the investment of KRW 50,000.”

However, the Defendant did not operate the gasoline-related business as above at the time, and only thought that part of the money received from the victim will be returned to the victim as a profit, and there was no particular income at the time, and there was no intention or ability to pay the money or pay the normal profit even if the money was received from the victim.

The defendant received KRW 50 million from the victim in the case of the defendant's side C (Account Number E) that the defendant used on the same day.

In addition, the Defendant received a total of KRW 540 million from the victim six times from September 21, 2015 to March 13, 2017, as shown in the list of crimes in the attached Table, as well as from around September 21, 2015.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A copy of each certificate of borrowing (investigative records, 16, 18, 21, 23, 26, 29 pages), a copy of each statement of transactions of withdrawal of deposits (investigative records, 17, 19, 22, 24, 27, 32 pages), a copy of a cashier's check (investigative records, 20 pages), or a copy of a check (investigative records, 30 pages);

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime;

1. Determination on the assertion by the defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. The defendant's summary of his/her assertion is that he/she borrows money from the victim under the pretext of living expenses, etc. in the course of teaching with the victim.