A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On February 2, 2014, the Defendant sent a phone call to the victim D at the Defendant’s house located in the Seocho-si C 452 302 Dong 302, and exported the tape to Brazil by creating tapes in China. However, there is a space for a container exporting the tape, and if the tape is exported by inserting the ston of clothes into a place, the Defendant would have 5% to 15% interest.

When investing a ston purchase fund, a false statement was made that “The principal and the profit will be paid within 30 days.”

However, the suspect was not only in excess of the debt at the time but also in the difficulty of the tape export business. Thus, even if he received investment from the injured party, he tried to use it as other debt repayment and living expenses, and did not have the intent or ability to return the principal and profit within 30 days.

Around February 20, 2014, the Defendant received KRW 50,000,00 from the damaged party to the account (Account Number: E) of the Defendant’s name from the Defendant’s bank account, and received KRW 299,00,000 from the time to November 21, 2014 in total by the same way 17 times as indicated in the separate crime list.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. Investigation report (F telephone conversations with a witness) and investigation report ( telephone conversations with a witness G);

1. Application of Acts and subordinate statutes on account transactions, such as details of transactions, certificates of deposits without passbook, certificates of borrowing, etc.;

1. Determination as to the assertion by the Defendant and the defense counsel regarding the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, and Article 347 of the Criminal Act regarding the choice of imprisonment, etc.

1. The gist of the assertion is that the Defendant and the victim are blood relatives under the Civil Act and may institute a public prosecution only when they file a complaint pursuant to Articles 354 and 328(2) of the Criminal Act. However, the complaint is filed on September 10, 2015 with the lapse of six months, which had already been filed, and the complaint is accompanied by law.