A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal power] On February 13, 2014, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Seoul Northern District Court, and the said judgment became final and conclusive on February 21, 2014. On September 23, 2014, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in the Gwangju District Court’s Netcheon Branch of the Gwangju District Court on September 23, 2014 and completed its execution on February 28, 2015.

【Criminal Facts】

The defendant, together with C and D, conspireds to receive investment money by taking advantage of the fact that he/she will make a profit if he/she invests in the bet projects for electronic patients.

Accordingly, the victim E (n, 62 years of age) who was aware of the fact that he was suffering from a fraud from another person, was systematically approaching the fact that he was aware of the fact that he was unable to pay a large amount of money from another person. On September 201, 201, C recommended the victim to make an investment by stating, “The victim is a company that created and sells an intrusion for electronic patients and is able to easily recover the lost money if he made an investment. It is entitled to receive dividends on a quarterly basis,” and the Defendant and D also made a false statement that “the victim may receive a lifelong guarantee if he made an investment. If he makes an investment, he may receive a dividend of money equivalent to 0.3% of the profit every quarter.”

However, in fact, even though the Defendant was holding patent rights for the former patients, the Defendant did not have any gold mold necessary for the production of the said beds, and was in a situation where he was unable to produce one bed. As such, there was no facilities necessary for the production of the bed and no factory, and even if he was in a situation where there was no funds for the preparation of such facilities and factories, there was no intention or ability to pay the agreed profits to the victim even if he received investments from the victim.

In addition, C and D are aware of the fact that the defendant is not able to bring profits from investment to the victim because he did not secure funds as above.