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

On January 28, 2010, the Defendant was sentenced to a suspended sentence of one year at the Seoul East District Court to six months of imprisonment for fraud, and the judgment was finalized on February 5, 2010, and on September 2, 2014, the judgment was finalized on September 2, 2014 by a suspended sentence of two years of imprisonment with prison labor at the Suwon District Court for fraud.

Around November 15, 2008, the Defendant made a false statement to the effect that “Indonesia is operating a flexible mine development project,” the Defendant is inviting small-sum investors to repay personal debts, separate from this investment money. The Defendant made a false statement to the effect that “Indonesia is operating a flexible mine development project in the area of Indonesia.”

However, at the time, the defendant was not confirmed to be paid the investment amount of 7 billion won to the mine development project that the defendant promoted, and the defendant had no intention or ability to transfer the investment shares to the victim because it was not approved by the Government of Indonesia as necessary for the mine development project.

Around November 28, 2008, the Defendant, by deceiving the victim as such, received KRW 113,134,594 from the Defendant’s E account as the investment money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The mail sent by a suspect, an investment contract, an Indonesia Development projol, a certificate and receipt, a statement of account transaction, and details of transfer;

1. Previous convictions: Application of the results of inquiry, each disposition and report on the results of confirmation, judgment (Seoul East Eastern District Court Decision 2009No1805), judgment (Seoul East Eastern District Court Decision 2013No837), judgment (Janam Branch Court Decision 2014No10199) and Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Details and scale of the crimes under Article 62 (1) of the Criminal Act;