A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall pay 36,300,000 won to the applicant for compensation.

Punishment of the crime

On September 2012, the Defendant stated that “The Defendant would have invested 10% of the total amount of the principal when her sonship has made an investment in the auction business, the principal shall be guaranteed, and the interest shall be 10% per month, and if she incorporates the principal without receiving any interest, 10% of the total amount of the principal when her sonship has invested in the auction business, she would be entitled to receive 10% of the total amount of the principal when her son village has invested in the auction business.”

However, there was no fact that the defendant had conducted the auction business at all, and even if he received the money from the victim, he thought that he would use it for other purposes such as repayment of personal debt, so even if he received the money from the victim, he did not have any intent to pay the principal and interest by investing in the auction business.

As above, the Defendant: (a) by deceiving the victim and deceiving the victim on September 19, 2012; (b) obtained a total of KRW 50 million from September 20, 2012, a total of KRW 385,000,000 from September 20, 2012, by remitting KRW 10,000 to the same account under the name of the Defendant on September 20, 2012; and (c) obtained a total of KRW 50,000,000 from September 25, 2012, from that time to November 20, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in preparation of a letter of apology against C;

1. Details of each account transaction, each letter domain, each e-mail, card debt details, repayment details, and application of Acts and subordinate statutes on individual immigration status;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing [a] of Articles 25(1) and 31(1) through (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Order and Sentence of Provisional Execution [along with the balance of KRW 336,300,000 ( = 385,000,000 - 48,700,000) obtained by deceit of the defendant from the victim] (along with the amount of KRW 385,000,000 (=along with the amount of KRW 385,70,000)]. In general fraud