A defendant shall be punished by imprisonment for one year.

except that 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. Around January 2013, the Defendant had been engaged in the import and export business of fishery products from 1998 to Qu in Songpa-gu Seoul.

Around January 2013, the Defendant entered into a cross-quota agreement with the victim S who was introduced through R from the cross-style house in the Sungnam-si, Sungnam-si to the effect that “Isia import and sell the large volume of 350 tons for each half year between T which is a Russia fishing company and T which is a Russia large fishing company. The Defendant settled the accounts on a quarterly basis for warehouse costs and project costs, and paid the profits on a quarterly basis, and that the investment principal will return the investment principal around August 2013.”

However, even if the Defendant received investment money from the victim, it is not clear whether the Defendant would be successful in the business using the money. From around 2011, the Defendant invested the amount equivalent to 2 billion won in the tobacco business made by arranging the said N, but the tobacco business was suspended by taking advantage of the financial difficulties. Accordingly, since then after 2012, there was a lack of financial situation, such as N's sales revenue, and the company's liabilities, etc., the Defendant did not have any intent or ability to repay the investment money within the due date, even if receiving the investment money.

The Defendant received 165 million won in total, including checks and cash, from the victim around that time.

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

2. On March 2013, 2013, the Defendant, at the above N office around March 2013, concluded that “Around March 2013, the Defendant may sell surplus goods to the said N office, receive dividends of surplus goods, and pay a large amount of profits from the sale. If the Defendant borrowed funds necessary for the said N office, he/she would return the principal and profits after receiving distributions of surplus goods and paying profits.”