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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 2017, the Defendant made a false statement that “The Defendant would bring about a large amount of profits to C merchants, which would bring about 10% profits from the sending of investment funds.”
However, in fact, the defendant thought that he will use the money received from the victim as a personal debt instead of investment to C merchants, so there was no intention or ability to pay the agreed profit even if he received money from the victim as an investment deposit.
Nevertheless, the Defendant, as seen above, by deceiving the victim as above, received a total of KRW 109,078,000 from August 11, 2017 to October 3, 2017, in total, 48 times as shown in the list of crimes in the attached Table, under the pretext of investment in C merchants from August 11, 2017.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The police statement concerning B;
1. The defendant and his defense counsel asserted that he had the ability to repay with the defendant at the time of the transaction details, account transaction details, and text messages. However, according to the account transaction details of the defendant, it can be confirmed that the money deposited on the day was immediately deposited and the defendant had maintained a large amount of balance, and that the defendant lives through a return prevention; ② although D did not make an investment to C merchants, the defendant made a false statement that he made an investment to the victim; ③ the defendant's account transaction details of the defendant's account transaction details have a small amount of money deposited, but the amount would not have an impact on the defendant's financial status; ④ there is a circumstance that the sum of the amount paid by the defendant to the victim exceeds the amount of fraud, but it is impossible to return it after the crime of fraud occurred.