A defendant shall be punished by imprisonment for not less than five 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 January 25, 2013, the Defendant made a false statement to the effect that “The Defendant would make the boiler supplied at the construction company’s construction site for the three-year period, and the Defendant would make a 20,000 won profit per boiler and make it together with the principal after one week every boiler if the money was invested in her mother-and-child investment in the boiler 180 unit.”

However, the defendant did not have any intention or ability to return the personal debt amounting to KRW 240 million at the time, even if he received money from the victim, he did not have any intention or ability to return it on the agreed date.

As such, the Defendant, by deceiving the victim, received a total of KRW 11,550,00 from the victim to the account under the name of the Defendant, such as receiving KRW 50,00 in cash and KRW 11,50,000 from the account under the name of the Defendant.

2. On January 30, 2013, the Defendant made a false statement to the effect that “If the Defendant made an investment of KRW 7,500,000,000,000,000,000,000,000,000,000,000 won for each boiler purchased boiler, he/she would make the profits of KRW 40,00 per 1 boiler and will do so together with the principal two days later.”

However, even if the defendant receives the money from the victim as stated in Paragraph 1, he did not have any intention or ability to return it on the agreed date.

As such, the Defendant, by deceiving the victim, received 7,500,000 won from the account under the name of the Defendant immediately from the victim, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes governing cash custody certificate;

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. Suspension of execution, other than those which have been agreed smoothly with the victim under Article 62(1) of the Criminal Act, and one case prior to a fine.