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

On March 9, 2017, the Defendant was sentenced to the suspension of the execution of the imprisonment of 8 months for fraud in the Incheon District Court Branch Branch of the Incheon District Court, and on March 17, 2017, the judgment became final and conclusive.

Around November 7, 2016, the Defendant made a false statement to the victim D, “In order to establish a company of domestic corporation E, the Defendant would pay 30 million won as investment funds for the establishment of a corporation, pay 3% of the monthly income every month after the incorporation of the principal, and return the principal at any time when the Defendant wants to do so after one year.”

However, the defendant was in bad credit at the time, and was thought to be used for personal purposes, such as criminal agreement payments and debt payments, and even if the company is operated as a separate investment fraud at the time of receiving the investment money from the victim, there was no intention or ability to pay the proceeds normally to the victim and return the principal.

Around November 7, 2016, the Defendant, by deceiving the victim as such, received money from the victim to the corporate bank account in the name of the Defendant F under the name of the Defendant’s capital, from the victim and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement of transactions by account, and certificate of remittance;

1. An investigation report (the confirmation of the party to whom the credit information, credit information reply, or full registration statement is transferred), an investigation report (the additional investigation of the source of damage), an investigation report (the investigation report of the source of damage), an investigation report (the investigation report specified in the place of use), and an investigation report (the confirmation of whether the damage has been repaid and hearing of opinions by witnesses);

1. A previous conviction: The defendant and his defense counsel, such as inquiry results, written judgments and written rulings, claimed that the defendant had an intention and ability to return the proceeds and principal by operating the company and that he had no intention to obtain fraud.

The criminal intent of defraudation, which is a subjective element of fraud, is a crime unless the defendant is led.