A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 24, 2016, the Defendant, at the Defendant’s office located in the Seoul Special Metropolitan City, Seoul Special Metropolitan City B 18th level, concluded that “The victim C, “The inside of which is currently operating D stores in Seoul, is planning to conduct several types of business nationwide, and the amount equivalent to 120% of the investment amount is paid in every share for eight weeks, and the investment amount is KRW 50 million or KRW 100 million or KRW 100,000,000 or KRW 500,000 or KRW 100,000,000, will open the store, and will divide the profits by supplying D products.”

However, around July 2, 2016, the Defendant was not directly operating D stores, and the Defendant entered into an investment agreement between E, a D store operator, with the content that the Defendant invested KRW 200 million and received 50% of operating income. However, the said investment agreement was not implemented normally due to the failure to prepare investment funds of KRW 200,000,00, and thus, the said investment agreement could not be implemented normally. Thus, even if receiving money from the damaged party for the purpose of investment, the Defendant did not have any intent or ability to pay profits within a short period, or open the D store to operate and sell the D products, and then distribute profits.

Nevertheless, the Defendant deceivings the victim as above, and received KRW 12 million in cash from the victim on July 24, 2016, and received KRW 4.75 million on July 30, 2016, KRW 4.755 million on August 30, 2016, KRW 5.75 million on August 12, 2016, KRW 5.75 million on August 12, 2016, KRW 4750,00 on August 18, 2016, KRW 23.755 million on August 23, 2016, and acquired KRW 3,575 million in total from the account (Account Number: GH) in the name of the Financial Corporation in the name of the Defendant Financial Corporation in charge of the management of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Investigation report (No. 26,30 No. 50);

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Application of the sentencing criteria [the scope of the recommended punishment] general fraud;