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

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

Punishment of the crime

On April 2014, the Defendant made a false statement that “When investing KRW 40 million in the “E in the internal operation,” part of the principal shall be repaid each month until December 2014, and 50% of sales revenue shall be paid thereafter.”

However, the Defendant, as a person with bad credit standing, has to borrow 10 million won at the time of bonds and 15 million won in bank account, from Lone mobile phone distributors F to settle the accounts from sales proceeds to be paid by the telecommunications company. Since the monthly revenue falls short of operating expenses and monthly income, the Defendant did not have the intent or ability to repay the principal every month even if he received the investment money from the victim, and to reduce the investment return.

Nevertheless, the Defendant received 3,9846,000 won in total from the Defendant’s account in the name of the Defendant on two occasions, such as May 14, 2014, 4846,000 won as investment money from the victim and 35,000 won on the 23th of the same month.

Summary of Evidence

1. Statements by the defendant in part;

1. Examination protocol of the accused prepared by the prosecutor;

1. Each of these legal statements of witness C and G;

1. On April 2014, the victim of the response to the request for the inquiry into the current status of business registration made an investment of 40 million won from the defendant who was engaged in retail business of communications equipment, such as a mobile phone, in the trade name of E in the middle of the mid-2014, by operating the mobile phone store, the principal shall be repaid in installments by December 31, 2014, and then 50% of the operating income of the mobile phone store shall be distributed from the next sales. The amount stated in the criminal facts in the decision was invested in the future with the intent of allocating half of the investment principal and operating income from the mobile phone store. At the time, the defendant was bearing a large amount of money by bank notes, bonds, etc., and the defendant repaid the initial investment amount of H as the investment amount received from the victim.