A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

1. Around July 10, 2014, the Defendant displayed a gold photo to the victim D, who met and became aware of in the same gender of Jongno-gu Seoul, Jongno-gu, Seoul around that time, saying, “The Defendant is seeking to dispose of underground gold bars, which are funds required for the concealment of the E President Section, to be disposed of to a punished enterprise, and two times or more profits accrue. The Defendant would pay two times or more after three days if he/she lends 25 million won with the funds required therefor.”

In fact, however, there was no ground for the above former president's underground gold bars, and there was no intention or ability to repay the money even if the money was borrowed from the victim.

As such, the Defendant, by deceiving the victim, obtained 25 million won from the victim’s name to the national bank account (F) in the name of the Defendant, and acquired it by fraud.

2. On October 17, 2014, the Defendant displayed apartment pictures to the above victim D at the Sung-dong Sung-dong Sungdong, stating that “A house with a house of 3 bonds and 40 million won is to be repaid at the same time when it transferred Cheong-dong apartment with a house of 40 million won and borrowed Cheong-dong apartment with a house of 3 bonds.”

However, the defendant did not have three debts, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

The Defendant, by deceiving the victim as such, received 40 million won from the victim to the above national bank account, and acquired it by fraud.

Summary of Evidence

1. Legal statement of witness D;

1. The prosecutor's office and the police's statement concerning D;

1. The application of the Acts and subordinate statutes of the records of bank remittance, text currency transactions and records;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommendations based on the sentencing guidelines] - The basic area (from June to January 1) of types 1 (less than KRW 100,000) - Where the applicable method of the commission of crimes is very poor, the person under special mitigation shall be limited to the short term.