However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

On July 6, 2018, the Defendant was sentenced to imprisonment with prison labor for not less than eight months in a fraudulent manner at a cost of flood control, and has been sentenced to the same year.

9.4. The judgment became final and conclusive.

around March 2017, the Defendant made a stock investment to the victim through “D coffee shop” in E-Sacheon-si, E-Sacheon-si, through “F,” the victim’s private relationship.

If an investment of 1 million won is made, it is a structure that can become 2 million won or 3 million won after 3 weeks, and the principal will be guaranteed.

“The purpose of “ was to make a false representation.”

However, the Defendant’s “Stock Experts G” mentioned by the Defendant was a person who did not exist, and the Defendant, from January 2016, reported the loss of KRW 300 million or more while making an investment in stocks, and was thought to be used as debt repayment, living expenses, entertainment expenses, etc. to the existing investors. Therefore, the Defendant did not have the intent or ability to pay the investment amount and the profits as promised by the victim.

Nevertheless, the Defendant, on April 25, 2017, received a total of KRW 73 million, including KRW 30 million on April 25, 2017, KRW 20 million on May 1, 2017, KRW 20 million on May 25, 2017, and KRW 23 million on May 25, 2017, from the injured party, from a total of three times, under the name of capital investment.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint filed by E;

1. Statement protocol with respect to E;

1. A report on investigation (attaching the text of the judgment);

1. Application of a copy of the judgment (No. 2017 High Court Order 1213, etc.) and statutes (No. 2292, Suwon District Court Decision 2018No. 2018)

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act: Provided, That this shall not apply to the crimes of both final judgment and the instant crimes;

1. The suspended sentence under Article 62(1) of the Criminal Act is based on the time of and against the reasons for sentencing, the agreement with the victim, equity in the case of being tried together with a final and conclusive judgment, Defendant’s age, sexual behavior, environment, etc.