A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

On February 1, 2013, the Defendant was sentenced to nine months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on November 6, 2013. On December 20, 2016, the Seoul Central District Court sentenced the enforcement of the sentence to four years and six months of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on December 20, 2016, and the said judgment became final and conclusive on July 24, 2017.

The defendant is a person who operates the agricultural cooperative D established for the purpose of the agricultural product supply business in Gangnam-gu Seoul building and the second floor.

On September 20, 2015, the Defendant supplied the victims E with food materials at the above agricultural partnership D office, and received investment due to the shortage of funds.

When investing KRW 20,000,000,000 was made on a monthly basis, the interest shall be paid for the period of 2.4 million each month, and the principal shall be repaid after one year.

However, the above farming association D did not supply agricultural products to the Agricultural Cooperative and had no sales through its business activities, and was engaged in a business to prevent the return of the principal and interest paid to the pre-paid investors with the investment money paid by the investors. Therefore, even if the Defendant received the investment money from the damaged party, it did not have the intent or ability to pay the profits to the victim as agreed by the Defendant.

Nevertheless, on September 30, 2015, the defendant deceivings the victim as above and acquired 20 million won from the victim to the agricultural bank account (F) in the name of agricultural partnership D on September 30, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of each police officer in relation to G or H;

1. Statement made by the police for E;

1. A written investment contract, a certified copy of a corporate registry, a business statement, or a deposit certificate;

1. Complaint;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on previous convictions and results of confirmation of criminal history);

1. Relevant Articles of the Act concerning the facts constituting the crime;