A defendant shall be punished by imprisonment for six 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 April 7, 2014, the Defendant made an investment of KRW 25 million to the victim E in the D church resting room located in the Geumcheon-gu Busan Metropolitan Government on April 7, 2014, where the Defendant used a factory to engage in the business of manufacturing central heating boiler and heat resistant boiler and to fill a large amount of money on the ground of his experience in public service life.

By September of this year, the money was collected from 2 to 3 times until September of this year, and the return was requested.

However, in fact, it was impossible to establish a factory as a water source protection zone for Cheongong-gun, Cheongbuk-gun, G, which is the planned site for the factory establishment, and the above land was not purchased or manufactured. Therefore, even if the defendant received investment from the damaged party, he did not have the intent or ability to make profits by establishing a factory and operating a business, and the defendant was thought to use it as monthly wage for employees of another business H, operating funds, and other borrowed loans that the defendant continued to run.

As such, the Defendant, by deceiving the victim and by deceiving the victim from the victim, acquired the total amount of KRW 25 million by remitting the amount of KRW 15 million from April 9, 2014, and KRW 15 million from April 15, 2014, from the victim’s bank passbook (Account Number I).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of the accused by the prosecution (including E statements);

1. Account transactions;

1. A criminal investigation report (at least once a year, 5, 12, 13, 14, 19) (the defendant and his/her defense counsel shall recognize the fact that he/she has received the investment money stated in the facts of crime, but shall return money at any time, if the defendant and his/her defense counsel have caused two to three times money and request the return

It argues to the effect that there is no verbal fact, and there was no intention of defraudation.

However, according to the above evidence duly adopted and examined by this court, if the defendant invested in the manufacturing industry of the central heating boiler and heat resistant boiler by leaving a factory in the Cheongbukbuk-gu, he/she would have the victim punished two to three times money within six months and requested the return.