A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 21, 2012, the Defendant recommended the victim E to operate the “D” coffee store located in Jongno-gu Seoul, Jongno-gu, Seoul, to make an online seller of mobile phone and parts (f). However, in the case of online companies rather than offline companies, the Defendant may receive political support, such as raising the progress and paying marketing expenses. As such, when investing 20 million won, the Defendant would make monthly payments for 25% per annum and 5 million won per month for 12 months (hereinafter “D”), and the Defendant would also make a full repayment of principal after one year.”

However, the Defendant did not have any way to directly deal with large-scale telecommunications companies, and in the case of new companies, it was difficult for the telecommunications companies to receive policy support as a structure of trading through existing companies without directly trading with new companies. In the case of failure to receive policy support from large-scale telecommunications companies, the Defendant did not have any ability or intent to pay the principal amount of 20 million won or monthly interest within one year after receiving the investment.

Nevertheless, the Defendant, without notifying the victim of the failure to secure policy support, etc. as above, was committed as if he could receive direct transaction and policy support with a large-scale telecommunications company. Accordingly, on May 21, 2012, the Defendant received KRW 20 million from the victim to the account in the name of G, the spouse of the Defendant, as investment deposit.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Each police statement to I, J, and E;

1. A complaint filed by I, E;

1. A certificate of confirmation, an investment contract partnership contract, details of the account, etc., and a statement of transactions by account;

1. Investigation report (Adjustment of the proceeds from sales of mobile phone received by the complainant and details of transfer by the complainant);

1. Investigation report (organization of details of the use of the complainant's investment funds) and deposit and withdrawal;