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

On June 11, 2012, at the Korean Investment Securities C branch in Dongdaemun-gu Seoul, the Defendant concluded a false statement to the effect that “The Defendant would charge the victim D with a considerable amount of money to be given to the fund management expert, and the principal will be guaranteed at a cost and the investment proceeds will be paid until December 11, 2012.”

However, even if the defendant received money from the injured party as investment money, he was planned to use it as a personal debt repayment, etc. rather than an investment, and there was no intention or ability to pay the profits from investment to the injured party properly because there was no specific property at the time.

The Defendant, as such, by deceiving the victim and immediately received a copy of the check from the victim, at its face value of 50 million won at its face value.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of custody of cash and a copy of each letter;

1. Statement made by the police against D;

1. A copy of a check before himself;

1. Application of Acts and subordinate statutes to the detailed statement of entry and withdrawal;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (a confession, record of a crime, record of a crime, 20 million won or more shall have been repaid, and efforts to recover damage, details of a crime, and other conditions of sentencing shall be considered);