A defendant shall be punished by imprisonment for not less than eight 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 February 21, 2018, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Incheon District Court on February 27, 2018, and the judgment became final and conclusive on February 27, 2018, and on March 22, 2019, the Defendant was sentenced to two years of suspended execution for six months of imprisonment for fraud in the branch court of Suwon District Court on March 22, 2019.

Around December 21, 2016, the Defendant made a false statement that “Around December 21, 2016, the Defendant purchased old interest at the site located in Ansan-si, Gyeonggi-do, with the victim D to pay KRW 24 million until January 21, 2017, which is the second day of the week after January 21, 2017.”

However, even if the Defendant received money from the victim, it did not guarantee that the Defendant would not have any intent or ability to sell and raise high profits due to lack of intent or ability to sell, and it was not possible to take the method of repaying the principal and profits to the existing investors with the investment funds attracting from the lower investors every month in order to pay the 10 to 15% profits to the lower investors. Therefore, the Defendant did not have any intent or ability to pay the profits to the victim as agreed.

As above, the Defendant: (a) by deceiving the victim as above and immediately received KRW 20 million from the victim’s position as investment money; and (b) from January 13, 2017 to January 13, 2017, by deceiving the victim as stated in the separate crime list, and received KRW 88 million in total as investment money.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed in D;

1. Five copies of the loan certificate; and

1. Revocation of a complaint;

1. Investigation reports (former and attachment of judgment);

1. Criminal records;

1. Application of Acts and subordinate statutes concerning personal confinement;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is recognized and reflected, the victim does not want the punishment of the defendant, and after the closing of argument.