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.

【The Defendant was sentenced to a suspended sentence of ten-month imprisonment with labor for fraud, etc. at the Incheon District Court on August 27, 2013; on December 21, 2013, the judgment became final and conclusive; on July 21, 2016, the Defendant was sentenced to two-year imprisonment with labor for the same crime, etc.; and on September 26, 2016, the judgment became final and conclusive.

【Criminal facts indicated in the Defendant’s false statement to the effect that, from November 2009 to March 2012, 2012, the Defendant: (a) one time near the Seo-gu, Incheon, Seo-gu 318, “The Defendant has been making an investment in stocks for a long time; (b) another person is also making a monthly payment of profits from the virtue; (c) thereby guaranteeing the profits of 5 to 10% per month when investing in stocks through B; and (d) guaranteeing the principal amount, and the husband is able to pay the principal in full because there are a large amount of money.”

However, even if the Defendant received money from the victims, he did not think of using the full amount of money as the total amount of money of stock investment. Among them, he thought that some of the money was used as the principal return cost to the persons who had been in charge of the capital investment before using the personal debt repayment cost and living cost, and there was no intention or ability to grant the victim the profit of 5 to 10% per month or to pay the principal.

Around July 28, 2010, the Defendant received KRW 30 million from the injured party via one bank account (Account Number C) in the name of the Defendant, KRW 50 million through the National Bank account (Account Number E) in the name of the Defendant around October 20, 201, and KRW 30 million through the National Bank account in the name of the Defendant around March 16, 201, respectively.

Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 110 million by delivery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to transaction details, letter of commitment, copy of passbook, statement of account transactions in the name of D, statement of account transactions in the name of the accused, and report on investigation (where account of a suspect is deposited)

1. Criminal facts;