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

1. On December 201, 201, the Defendant made a statement to the effect that “The Defendant, in the office of the Defendant in the Jung-gu Daejeon Branch Dtel, “The Defendant is engaged in the production of gold in Indonesia, and if making an investment, he will guarantee the profits.”

However, the fact was that the Defendant had almost been unable to pay the profits up to that time, and it was difficult to pay the profits in the future due to the collapse of the gold production plant around December 1, 201 due to the landslide caused by heavy rain. The Defendant did not have any economic surplus to the extent that it was impossible for the Defendant to seek the value of the flight craft at the above plant, and there was no other fixed hospitalization. Therefore, even if the Defendant received an investment from the victim, there was no intention or ability to pay the principal as well as the profits, even if he received an investment from the victim.

Nevertheless, on December 5, 2011, the Defendant made a false statement as above, and received KRW 8,000,000 from the victim’s office.

2. On April 18, 2012, the Defendant stated to the effect that “If the Defendant borrowed KRW 30,000,000 to the victim’s office in the Jung-gu Seoul Special Metropolitan City F building, the Defendant would have repaid the Defendant’s office to the victim without paying the money until September 2012.”

However, there was no intention or ability to repay the borrowed money from the victim, such as the statement in Paragraph 1.

Nevertheless, the Defendant made a false statement as above, and was transferred KRW 30,000,000 from the victim on April 20, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Acts and subordinate statutes to each police statement made to E and C;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act and twice the same criminal records and two times (before 1997), reflectivity, agreement of victims, deception method, etc.