A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[Criminal history] On June 23, 2016, the Defendant was sentenced to a suspended sentence of three years for one year, for a violation of the Narcotics Control Act at the Seoul Central District Court on the part of June 23, 2016, and the judgment became final and conclusive on July 1, 2016.

[2] On January 24, 2013, the Defendant: (a) received a demand from the 1st floor office of the building in Gangdong-gu Seoul Metropolitan Government (Seoul), from September 2011, to return the investment amount from the victim D who operated the loan business with a joint investment method; and (b) received a demand from the Defendant to return the investment amount from the victim D who operated the loan business with a joint investment method; and (c) the Defendant would make a full payment for the time to the victim as “the party who would recover the current cash investment amount would collapse.”

In addition, if investment will be continuously made in the future, the principal of the investment and interest thereon will be paid.

“A false representation was made.”

However, in fact, the Defendant did not have any special fixed income at the time, while the obligation was more than KRW 20 million in addition to the obligation of the victim, and the loan business operated jointly with the victim was not properly recovered. Therefore, even if the Defendant received the investment from the victim, he did not have any intent or ability to pay the profits or to return the principal.

On December 24, 2013, the Defendant received a total of KRW 149,934,000 in cash from the damaged party, from the mother, on the pretext of an investment deposit, to his own bank account (F) in his own name, and from that time, from January 28, 2016, a total of KRW 149,934,00 in the foregoing method, such as the first re-written list of crimes, until January 28, 2016.

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

The Defendant, around September 2, 2015, lent money to the victim I even though he/she did not have the intent or ability to repay the money even if he/she borrowed money due to the absence of any other income from the loan business. The Defendant, around September 2, 2015, in the 'H' coffee shop located in Songpa-gu Seoul Metropolitan Government, while operating the loan business.