A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Around November 20, 2011, the Defendant stated that the “C business is being conducted and planned to expand the business,” and that the Defendant would make profits of KRW 1.5 million from KRW 1 million per month to KRW 1.5 million if the Defendant invested KRW 20 million in Bupyeong-gu, Incheon.

However, the defendant had no intention or ability to expand C business with the money borrowed from the victim, and there was no intention or ability to deliver profits to the victim.

Nevertheless, as above, the Defendant, by deceiving the victim, obtained KRW 20 million from the victim to the Agricultural Cooperative Account (Account Number: D) in the name of the defendant five times from the 16th of the same month to the 2nd of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutor's office concerning B;

1. Complaint;

1. Recording notes, complainants' records of passbooks, suspect records, and details of passbooks, agricultural bank account transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of a sentence of alternative imprisonment (the defendant is inevitable to sentence the defendant as a sentence on the ground that he/she does not make any effort to recover damage for the lapse of two years, except where he/she takes money obtained by deception from the victim with gambling funds and returns only 2.2 million won to the victim);