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

The defendant is a person who works as a vice president at a company B that distributes and sells natural hedging in head color.

The defendant around January 2016, at the trade infinite office located in the Gangnam-gu Seoul Special Metropolitan City Samsungdong, the victim C, the victim D, and the victim E three persons.

Accordingly, a corporation should be established in order to export the cosmetic which came into force in China.

The term “investment in corporate foundation funds” was false.

However, at the time, the Defendant did not have prepared 100,000 sets of cosmetics for export to China, and even if the victims received investment funds from the victims for the establishment of the above ever effective cosmetics corporation, the Defendant did not have the intent or ability to establish the corporation, and was able to use it as employees’ benefits, personal debt repayment, etc. at the time.

Nevertheless, as seen earlier, the Defendant: (a) by deceiving the victims; and (b) transferred the victims to a new bank account in the name of the Defendant, KRW 50 million, totaling KRW 30 million on February 4, 2016, and KRW 50 million on February 17, 2016, to the new bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. A criminal investigation report (referring to submission of a deposit receipt by a complainant);

1. Application of Acts and subordinate statutes on investment agreement;

1. Article 347 of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution (which reflects the nature of the instant crime, there are circumstances that may be considered in the course of the instant crime, including full repayment to the victims, and agreed upon, etc.);