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

1. On February 9, 2017, the Defendant: (a) made a false statement to the victim B that “A, i.e., a party C, would have a bank to deposit KRW 200 billion in the mutual infinites shop near the headIC, which was located in the Gyeonggi-si, Gyeonggi-do; (b) made an investment of KRW 50 million to the said C; (c) made a deposit of KRW 200 billion with the said bank; and (d) received KRW 6 billion from the said bank as a brokerage fee for the deposit; and (d) paid KRW 1 billion out of them.”

However, the purpose of fact is to deposit funds in a bank and to arrange funds with companies to meet the equity capital ratio rather than to receive brokerage fees from the bank, and even if it does not have the ability to arrange funds with the above companies, it did not have the intent or ability to pay profits by using it as investment purpose even if it did not receive money from the victim.

As such, the Defendant, by deceiving the victim, was given KRW 50 million under the name of the same day of investment.

2. Around May 8, 2017, the Defendant made a false statement to the effect that “Around May 10, 2017, if the Defendant borrowed KRW 3.5 million to the victim for personal use, he/she would make repayment by not later than May 10, 2017.”

However, there was no income or property at the time, and even if the national tax in arrears and the existing debt exceed KRW 100 million, there was no intention or ability to repay it with the victim.

As such, the defendant deceivings the victim and receives 3.5 million won under the name of the borrowed money on the same day, and the same year.

6.12.2 million won, 16.1 million won for the same month, 28.1 million won for the 28.1 million won for the same month, and

7.12.30,00 won; 22.2 million won for the same month; 25.120,000 won for the 28.1 million won for the same month; and

8.2. The recipient received 200,000 won in total and 6,520,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The statement of the police concerning B;