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

Punishment of the crime

1. On April 2016, the Defendant against the victim C was in the custody of USD and gold in the Victim C’s B’s in the mutual infinite coffee shop located in Bupyeong-si, Seocheon-si, the Defendant would return three times the investment amount if the Defendant invested in the Embassy’s warehouse fees, USD, and the Embassy’s vehicle fees, etc. to move gold.

‘False speech' was made.

However, there was no fact that US Embassy had been kept US dollars and gold bullion, and the money to be received from the injured party is thought to be used as all the existing debt repayment and living expenses, so there was no intention or ability to return three times the investment money even if the injured party received the above nominal investment money.

Nevertheless, on June 17, 2016, the Defendant, as seen above, received KRW 900,000 from the victim, thereby deceiving the victim, and received KRW 46,370,000 from the above day to October 10, 2017, including the transfer of KRW 32 times from the above day to the Agricultural Cooperative Account (D) in the name of the Defendant, and received KRW 46,370,000 from the above day to the above day of January 10, 2017.

2. On June 2016, the Defendant, against the victim E, made a false statement to the victim E, who became aware of through C at the mutual infinite Park-dong-dong, and received KRW 1,600,000 from the damaged party to the Agricultural Cooperative (D) account in the name of the Defendant around June 22, 2016, and received KRW 18,680,000 in total nine times from around the above day to December 5, 2016, as shown in Appendix II, from around the above day to December 5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. Details of account transactions, details of transactions, copies of passbooks, certificates of confirmation of transactions, copies of passbooks, (G), details of deposited transactions (E), details of deposited transactions (C), details of transactions, and statements of deposit transfer;

1. Application of the Acts and subordinate statutes on photographing conversations, such as text messages;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the selection of criminal facts (each of them);