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

The Defendant is the representative director of D (ju) who is a business entity importing and selling goods and clothing of one story underground of the Gangnam-gu Seoul Metropolitan Government C building, and E is the actual operator of the above company.

From around 2011, the above company was unable to pay the Defendant’s benefits to the business difficulties, and there was a circumstance that E, who is a leakage of E, was paying the amount of KRW 200 to KRW 30 million every month, and E did not pay an additional value tax of KRW 28 billion around March 2003, and the Defendant was also unable to pay local tax after 2009.

In fact, on March 2012, the Defendant and E did not have opened a letter of credit (LC) necessary for importing and selling scenic clothing or miscellaneous goods in Saria, and even if the Defendant and E did not obtain the minimum amount of 500 million won necessary for the import of the goods, they did not have the intent or ability to pay the profits to the victim even if they received money from the victim G for the purpose of investment funds.

Nevertheless, at the above D's office on March 6, 2012, E directly imports Italy Masters from the victim and sells it in Korea, while E basically 30 to 50% profits remain.

I would like to pay the profits remaining after distribution to 50:50 of the profits of the Party except for the expenses from the sales on the face of the investment.

In addition to current ones, it is false to say that many people made an investment and secure approximately KRW 2 billion investments. The Defendant prepared an investment contract with the victim, i.e., the victim, and received KRW 10 million from the Saemaul Treasury Account in the name of the above company on the same day, and transferred KRW 30 million to the same account on the 12th day of the same month.

Accordingly, the defendant was given property by deceiving the victim in collusion with E.

Summary of Evidence

1. Each statement of the witness G and H in the second public trial records;

1. Statement made by the witness I in the fourth public trial protocol;

1. Each protocol concerning the interrogation of the accused, E, and F by the prosecution.