A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On January 29, 2010, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment with prison labor at the Ulsan District Court for fraud, and the said judgment became final and conclusive on February 6, 2010.

1. On August 2006, the Defendant made a false statement to the victim E at the mutual infinite coffee shop located in Ulsan-gu, Ulsan-gu, Ulsan-gu, stating that “In a short period, domestic profits accrue through the Internet game business, and the server is in China. In addition, in order to operate the Internet game business, the Defendant made a false statement to the effect that it will continue to take over each share of KRW 5 million and until it reaches KRW 100 million.”

However, the facts did not properly proceed with the Internet game business, and there was no intention or ability to reduce 5 million won per week until the victim becomes 100 million won.

The Defendant, as above, by deceiving the victim, received KRW 15 million from the victim via F around August 21, 2006.

2. Around March 2007, the Defendant made a false statement to the effect that “The Defendant would return the investment money described in the preceding paragraph to the victim E (i.e., returning the money, which became such because of the police control, and (ii) would have to have approximately KRW 100 million for opening a juvenile PC on the side of Ulsan-gu, Ulsan-gu. In doing so, the Defendant would also return the interest that he/she had invested in advance by adding 15 million to the interest that he/she promised to return.”

However, even if the victim received money from the victim, there was no intention or ability to return the invested money and its interest before the profit was granted.

The Defendant, by deceiving the victim as above, received from the victim the sum of KRW 7 million around March 19, 2007, KRW 5 million around April 15, 2007, KRW 5 million around April 17, 2007, KRW 5 million around April 18, 2007, and KRW 10 million around April 18, 2007.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

1. Relevant Article 347(1) of the Criminal Act as to the facts constituting an offense, and choice of imprisonment.