However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

On November 2014, the Defendant stated that “C” operated by the Defendant in Seocheon-si B, Non-si, 2014 that “If the Defendant invests about 14% in the purchase of a secondhand car, 50% of the total amount of the investment shall be paid immediately, and the investment principal shall be returned after two months. In addition, if the Defendant invests KRW 70,000,000 in the purchase price of a secondhand car, 14,000,000 in the purchase price will accrue, the Defendant would immediately make an investment of KRW 50%, and the principal will be returned six months after the return of the investment amount.”

However, the defendant thought that he will use the money received from the victim for personal purposes, such as the above restaurant operating expenses and living expenses, but did not have an intention or ability to pay the agreed profits to the victim by investing in the purchase of the vehicle.

As above, the Defendant, as between November 9, 2014 and January 15, 2019, by deceiving the victim as above, was remitted KRW 1,163,200,000 in total as investment money over 145 times as shown in the attached Table of Crimes, as between November 9, 2014 and January 15, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to petition for complaint and accompanying documents;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the crime;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Scope of punishment by law: Three to thirty years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types]: General Fraud [Type 3] and above KRW 500 million, and below KRW 5 billion [Special Aggravationd] mitigated factors: Where a person commits repeatedly over a considerable period of time (the area of recommendations and the scope of recommendations], the basic area of punishment and imprisonment.