A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

1. On February 8, 2011, the Defendant told the victim E that “A five-story loan with the right of retention has been made in the Yeonsu-gu, Yeonsu-gu, Seoul and the five-story loan with the right of retention was made in the internal facilities inside the Yeonsu-gu, Yeonsu-gu, and the principal would be recovered even if three-dimensional loan was made. If the Defendant invested KRW 140,000,000,000,000,000,000 won was 50% of the investment profits and if there was no profit, the Defendant would pay KRW 2,50,000 per month.”

However, the defendant did not have any intention or ability to purchase the above lending, even if he received investment funds from the victim due to the use of the said lending in other places.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the Suhyup account in the name of F, the defendant, who was in the same day.

2. Around August 31, 2011, the Defendant called the victim E at a place where it is unknown to the public in Incheon or less, and made a false statement to the Defendant that “I would complete payment within one week if I lend KRW 10 million to the victim where I would have to deducted the deposit of the tenant from the deposit of the tenant.”

However, there was no fact that the Defendant purchased the above lending, and the account was not to be deducted from the purchaser, and even if he borrowed money from the victim as a credit bad, he did not have the intent or ability to repay it.

The Defendant, as such, by deceiving the victim, received from the victim the remittance of KRW 10 million to the Suhyup Account in the above F on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution;

1. Each police statement made to G, E, and H;

1. Application of the Acts and subordinate statutes on data related to complaint, such as a complaint receipt and copy of passbook, and detailed statement by account;

1. Relevant provisions of the Criminal Act concerning the facts constituting the crime. Article 347 (1) of the Criminal Act.

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.