A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[2016 Highest 1976] On March 26, 2013, the Defendant made a false statement to the victim C in front of the post office located in the Dong-gu Daegu-gu, Daegu-gu, that “I will sell real estate by auction, I will give KRW 900,000,000 to the victim during one month of lending KRW 20,000,000,000,000 to the beneficiary, and the principal will be repaid by selling the goods awarded a successful bid.”

However, in fact, the real estate auction business was not operated, and there was no intention or ability to repay it even if it was borrowed money from the damaged party as well as personal debt was equivalent to KRW 100 million.

The Defendant, as above, was granted a total of KRW 80,200,000 on 14 occasions from March 15, 2013 to September 4, 2013, as shown in the List of Crimes (1), by deceiving the victim and receiving KRW 20,000 in cash from the damaged party on the same page, etc.

[2016 Highest 2671] On October 10, 2012, the Defendant, at the E Co., Ltd. office located on the five floors of the D Building in Ansan-gu, Seoul around October 10, 2012, would give to the victim F, the actual private owner of the said company, an opportunity to invest the amount of KRW 500 million in this company.

As the cost of attracting investors requires 5 million won, the amount of money to be paid out of the expense would vary more, and later, the settlement of investment profits would be defective.

However, there was no person who could invest in the above E around the defendant, and the defendant thought that he would receive expenses from the injured party and use them as living expenses, etc., so there was no intention or ability to attract investors for the victim.

As such, the Defendant, by deceiving the victim and receiving KRW 5 million from the damaged party to the account under the name of Chokdong G for the purpose of attracting investors, and from that time, received a total of KRW 60 million from that time to November 9, 2012, as stated in the List of Crimes (2).