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

On February 2011, the Defendant made a false call to the victim C, who is the father of the Seocho-gu Seoul Metropolitan Government Yang Jae-dong, and “I will make an investment in stocks if I will pay money to B, and will guarantee at least 30% of the principal as well as at least 30% of the principal after three months.”

However, even if the defendant received money from the injured party as the name of investment in stocks, he was thought to use it as child support, personal debt repayment, living expenses, etc., and the defendant was not a stock investment specialist, and there was no intention or ability to return the principal and the profits promised to the injured party due to no particular property

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the money of KRW 10 million on March 3, 201; (c) KRW 40 million on April 25, 201; and (d) KRW 30 million on May 4, 201 from the victim to the account in the name of a national bank in the name of the Defendant, which is a punishment of the Defendant, from the victim; and (b) obtained the money from the victim under the name of each share investment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes on the issuance of each certificate of transfer confirmation, three certificates of transfer confirmation, and account transaction details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. The amount of damage on the grounds of sentencing under Article 62(1) of the suspended sentence of the Criminal Act is large to KRW 80 million; however, the defendant recognized a crime and reflects it; the defendant is the first offender who has no record of crime; the fact that the defendant agreed with the victim; and the sentencing conditions under Article 51 of the Criminal Act as stated in the record are determined as ordered by the sentence.