A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. Around July 13, 2012, the Defendant acquired the nominal money by fraud by telephone to the victim D who was known to the city of Seoul (hereinafter referred to as the Seoul Special Metropolitan City) and made a false statement to the effect that “The Defendant would have repaid the money within one month from lending the money.”

However, at the time, the Defendant did not have any occupation or income, so even if he received money from the victim as the borrowed money, he did not have the intention or ability to pay it.

Nevertheless, the Defendant, by deceiving the victim as above, received eight million won from the victim to the E account of community credit cooperatives under the name of the Defendant on the same day.

2. On December 2012, the Defendant acquired money in the name of the investment fund, by fraud, to the victim D as described in paragraph (1) of the above paragraph in the Dongdaemun-gu Seoul Fungdong, Dongdaemun-gu, Seoul (hereinafter referred to as “Seoul Fungdong”) and false statement that “In Korea, the Defendant operates the clothes store with F at the department store of Han Cungyang Pungyang, China, while selling the Korean goods may be punished by money if it sells the Korean goods. That said, upon investing money, the Defendant may be punished by at least KRW 500,000 per month for a single store.”

However, in fact, the Defendant did not operate clothing stores with F along with F, and there was no intention or ability to return the principal of investment and profits to the victim even if he received money from the victim and planned to use part of money for personal purposes, such as living expenses.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 17 million from the victim to the account of community credit cooperatives as stipulated in the above paragraph (1) around January 7, 2013, KRW 30 million around January 25, 2013, and KRW 15 million around March 2, 2013, and received transfer of KRW 62 million in total as investment money over three occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The suspect interrogation protocol against the defendant.