1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 16, 2009, the Defendant was sentenced to a suspended sentence of ten-month imprisonment with prison labor by the Incheon District Court for fraud, etc., and the above judgment has become final and conclusive around October 24, 2009.

Criminal facts

The Defendant is a person who served as the representative director of C, which is an illegal similar recipient company, from June 1, 2008 to February 1, 2009.

On August 2008, the defendant around 2008, at the above company office located in the Seoul Special Metropolitan City D Building 201, the victim E "Korean company manufactures and sells Nowhbuk, and leases Nowhbuk to the hospital to raise profits.

In order to purchase and entrust the Nowon-gu one with KRW 750,00,000, it made a false statement to the effect that it would lend it to the hospital to pay the principal to September 30, 2008, and if it did not make changes, it would make 110 households of hospital sirens owned by the company as repayment terms.

At the time, the above company did not have a clear profit model due to the fact that it did not harm the 30th lease to the hospital, and it cannot make high profit to the extent of paying high profit agreed upon to investors such as victims through the Nowon-gu Rental Business. Therefore, it is inevitable to take the method of attracting investment from priority investors and then redeeming profits to the existing investors. Accordingly, if it does not attract new investors, it is unlikely that the agreed profit would not be paid, and there was no intention or ability to pay the agreed profit to investors because of extremely weak financial basis for the payment of investment profits, such as the possibility of not paying the agreed profit.

Nevertheless, as above, the defendant shall make a false statement to the victim and received 5,000,000 won from the victim's account in the name of Han Bank Co., Ltd. (Account Number F) on August 25, 2008 and received 30,755,000 won in total, as shown in the annexed crime list, from the victim.