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

The Defendant heard the phrase “E” from F, an operator of the vending machine manufacturer and distributor of the vending machine in Busan Northern-gu and Busan-gu, to “E” and invested the sum of KRW 60 million from September 30, 2014 to October 27, 2014, but did not receive any profit as a promise, the Defendant served as a representative director and management director under the name of the said E” from November 10, 2014.

1. Fraud;

A. On November 2014, the Defendant committed the crime of 2014, the Defendant made a false statement to the victim I, “When he/she has invested 30 million won in a coffee key management business, he/she set up 10 pieces in the J shopping mall in Kimhae-si, and managing it, he/she will pay 3 million won per month, and he/she will return in full at any time when he/she fested before the month.”

However, all of the vending machines purchased, leased, and managed in the above E are merely 40 parts, and it was a business structure that appropriated the principal and interest of the existing investors with the investment money received from the new investor. Since the Defendant was aware that the said money was invested in money, the Defendant did not have an intent or ability to pay the victim high-rate profit dividends, or to repay the principal.

On November 26, 2014, the Defendant received KRW 27 million from the injured party to the E office located in Busan City, as a contribution, from the E office located in Busan City on November 26, 2014. On December 1, 2014, the Defendant received KRW 30 million in total under the same name as before the agricultural cooperative of Changwon-si, Changwon-si, Seoul, and received KRW 30 million in total.

Accordingly, the defendant was given property by deceiving the victim.

B. On March 2015, the Defendant did not install a key sign even though he invested an investment of KRW 30 million in the office, which was located in the Geum-gu, Busan, Francing-gu, Busan, in March 2015.