A defendant shall be punished by imprisonment for one year.

However, 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

1. On March 21, 2014, the Defendant, around March 21, 2014, introduced D to the victim E at the coffee shop located in Songpa-gu Seoul Songpa-gu Seoul, Songpa-gu, and made a false statement to the victim “If D, who is running a credit business in a foreign casino, makes an investment of KRW 100 million in the name of the credit business project cost, he will guarantee the principal, and guarantee the interest of KRW 100 million per month.”

However, even if the defendant received the investment money, he did not have the intention to deliver it in full to D, and there was no intention or ability to guarantee the principal of the investment money and the interest of 10% per month.

The Defendant received KRW 100 million from the victim to the bank F account in the name of the Defendant.

2. Around March 24, 2014, the Defendant, at the coffee shop located in Songpa-gu Seoul Metropolitan Government (Seoul Metropolitan Government) on March 24, 2014, falsely stated that “The Defendant would pay the Defendant money borrowed from 10 million won, if he/she lends the money to the Defendant at the coffee shop in Songpa-gu, Songpa-gu, Seoul.”

However, even if the defendant borrows 10 million won, he did not have the intention or ability to complete the payment.

The Defendant received KRW 10 million from the victim on March 28, 2015.

Accordingly, the defendant acquired a total of KRW 110 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of transactions by account;

1. A confirmation note;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no criminal history of the same kind of crime, and that part of the damage has been recovered by returning 40 million won to the victim, and that the victim has not been punished by the original agreement with the victim, etc.);

1. Social service order under Article 62-2 of the Criminal Act;