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

Punishment of the crime

On October 2013, the Defendant planned to operate an entertainment planning company to C and the victim D in a place where the location is unknown, and the Defendant made a company with the value of at least one billion won on the investment of KRW 100 million, and made a proposal to the effect that C and the victim jointly invested KRW 100 million in the Defendant.

On October 31, 2013, the Defendant demanded the payment of the investment money that was promised to return to C at a place where the location is unknown, and demanded the payment of KRW 10 million to be used as the office deposit, and through C, the victim, who transferred the Defendant’s horse, decided to invest KRW 10 million first.

However, in fact, the defendant thought that he will use the remaining 4 million won as an office deposit for his personal purpose, and even if he did not have sufficient means to pay a large amount of profit through the entertainment planning company's business, he was making investment in the shares before he received the investment, and even if he received the investment from the damaged person, he did not have the ability or intent to pay a large amount of profit by using it only for the purpose of the business as a promise.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative account under the name of the Defendant on the same day as the money for investment, and acquired KRW 74,240,000 in total by the same method five times from that time to June 30, 2014, such as the statement in the list of crimes in the attached Table of crimes, by transferring it to the Agricultural Cooperative account under the name of the Defendant as the money for investment.

Summary of Evidence

1. Partial statement of the defendant (the purpose of recognizing the fact that money received from the injured party is invested in stocks and used for personal purposes);

1. The witness D’s legal statement 1.