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

On February 2, 2008, the Defendant promised to invest funds in D, a real estate sales agent, to invest in D, a real estate sales agent, and received and managed a passbook from D to the account in the name of C, thereby soliciting investors through solicitation books, and received the money in the name of the investment money for C, a stock company, from the above account to use it for the personal purpose of the Defendant.

On March 3, 2008, the Defendant stated, through F and G, that “The Defendant would give 6% interest per month and provide security to the victim H through F and G’s office in Seocho-gu Seoul, a corporation located in Seocho-gu, Seoul.”

However, at the time, the Defendant was in a situation preventing a large number of investors from returning profits in the form of a state-paid allowance, and there was no intention or ability to pay the agreed profits even if the Defendant received the investment money from the damaged investors for some of the investment money received as profits from other investors or for personal purposes, such as Defendant’s living expenses.

The Defendant received KRW 52.6 million from the damaged party, through F and G around April 2, 2008, as investment money, from the damaged party, and received KRW 46.6 million from among them, to the account in the name of C, a stock company.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police to H, J, and K;

1. Each pledge, written confirmation, anonymous association, and investment contract;

1. Application of Acts and subordinate statutes to the slips and detailed statements of transactions;

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 suspension of execution (the following sentencing is considered to be more favorable than others).