A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[Criminal record] On October 21, 2016, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Cheongju District Court, and the judgment became final and conclusive on October 29, 2016.

[Criminal facts] The defendant is the representative director of D) for the purpose of developing a mine.

On February 15, 2015, the Defendant is operating D from the Gangwon-do Taekbae to the victim E at a restaurant where the trade name in the Chungcheongbuk-gun is unknown.

In order to be equipped with equipment and facilities to develop mines if the State invests KRW 80 million, 200,000 will be paid within one year by receiving 5 billion from the Korea Mineral Resources Corporation with a subsidy of KRW 5 billion.

“The meaning of “.......”

However, at the time, the Defendant was thought to use some amount of money as a debt repayment, etc. even if he was able to receive an investment from the damaged party, such as personal debts of KRW 250 million, credit card payments of KRW 20 million, unpaid rent payments of KRW 5 million, and etc. However, due to the lack of capital, the Defendant was unable to file an application for subsidies with the Korea Mineral Resources Corporation because he was unable to be equipped with equipment and facilities to develop the mine due to the lack of capital, and thus, there was no intention or ability to comply with the said promise.

Nevertheless, around that time, the Defendant was transferred KRW 80 million to the account (F) in the name of the Defendant, from the injured party who believed the above promise as a fact.

After all, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Copies of the statements made to the prosecution by the prosecution against H and I and of the statements made to the prosecution against J and K by the prosecution;

1. Report of the police statement to E and petition of E;

1. Cash investment contract (E), business registration certificate, and deposit certificate of passbook without passbook;

1. Cash investment contract (G) and business registration certificate;

1. Kakao Stockholm messages, a certified copy of the corporate registry;

1. The location of a mining office and a report on change of its name, extracting rights, and mining extraction register;

1. The current status of extracting rights and provisional seizure of stock companies D;