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

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

Punishment of the crime

1. On December 2, 2011, the Defendant made a false statement to the victim C that “When the building near the Gangnam-gu Seoul Metropolitan City is a few hundred billion won, the Defendant invested KRW 200 million in this building, and if he/she invests KRW 50 million in another building in Gangnam-gu, he/she would sell the building and give KRW 3.3 billion to the victim until August 2012.”

However, even if the defendant received an investment from the victim, there was no intention or ability to make a profit to the victim because there was no plan to invest in building.

Nevertheless, the Defendant, as above, by deceiving the victim as above, received cash of KRW 250 million from the Defendant’s passenger car that was set up in the front parking lot of Seoul subway No. 7 Seoul subway Line around 15:00 on January 18, 2012 from the victim.

2. From December 19, 201 to February 2, 2012, the Defendant made a false statement to the effect that “If the Defendant invests KRW 50 million in purchasing a building in the name of Dong, the Defendant would give KRW 1.7 billion until the end of April 2012.”

However, even if the victim received an investment, there was no intention or ability to pay the profit to the victim because there was no plan to invest in the building.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 33.6 million from December 19, 201 to July 27, 201, to the Defendant’s Japanese bank account in total on 12 occasions from July 2012; and (c) received KRW 10.4 million in cash over three occasions around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of a certificate of borrowing or a copy of passbook;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. Article 62 of the Criminal Act: