However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

1. Around October 2, 2008, the fraud Defendant told the victim C to the effect that “Any investment may be made by means of a telephone, and if there is any suspicion, it shall be held liable for all within the country.”

However, in fact, the defendant thought that he will use the money received from the damaged person for his personal purpose, and did not have any intent or ability to create profits by investing the money.

The defendant deceivings the victim as above and received 40 million won from the victim as investment money on the same day.

2. On August 18, 2011, the fraud Defendant told the said victim C to the effect that “Any more than a new investment may be made by telephone, and any more investment in money is made to them,” by telephone, from August 18, 2011.

However, in fact, the defendant thought that he will use the money received from the damaged person for his personal purpose, and did not have any intent or ability to create profits by investing the money.

The defendant deceivings the victim as above and received 30 million won from the victim as investment money on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Complaint;

1. A capital investment contract (i.e., January 3, 201, and September 1, 201), each account transaction details, money borrowed, confirmation letter, and certificate [the defendant and his defense counsel denied the crime to the effect that he did not have any intent to commit fraud on October 2, 2008. However, according to the evidence above, the defendant received 40 million won from the injured party on October 2, 2008 as the source of investment profits. While using the above money for the purpose of investment promised with the injured party, there was a doubt that there was a circumstance at the time of paying the above money to the wife, while it was used for the purpose of investment with the injured party on October 2, 2008, the defendant was also recognized.