Defendant shall be punished by a fine of KRW 5,000,000.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On August 2013, the Defendant made a false statement to the victim D, who was aware of the “C” in the trade name “C” of the Defendant’s operation in Gwangju-dong-gu, Gwangju-gu, stating that “If a person operating a same kind of business is a relative of E, if he/she invests in the same business, he/she will make a monthly dividend of at least 10%, and if necessary, he/she will make a lump sum payment.”

However, in fact, the defendant did not have any particular income or property at the time and did not think that he received money from the victim to invest in the business of friendship, and because he thought that he would pay his personal debt or engage in congratulations with such money, he did not have the intention or ability to return the principal or revenue of the investment to the victim.

The Defendant received from the victim a total of KRW 27 million, including KRW 20 million on August 28, 2013 and KRW 25 million on September 13, 2013 from the victim to the post office account in the name of the Defendant.

Accordingly, the defendant was delivered KRW 27 million by deceiving the victim.

2. On October 14, 2013, the Defendant: (a) transferred KRW 2.5 million to the said victim as if he/she was the dividend income from the business investment; and (b) made a false statement to the victim at the said “C” house around November 6, 2013, stating that “A wife may lend money to the victim for initial expenses incurred in conducting a cosmetic business.”

However, the defendant's wife did not carry out the cosmetics business, and the defendant did not have any particular property or income at the time, and he did not have any intent or ability to pay money even if he borrowed money from the victim because he did not use money from the victim.

The Defendant received KRW 17.5 million in total from the victim’s post office account in the name of the Defendant, including KRW 5 million on November 7, 2013, KRW 17.5 million on November 17, 11, and KRW 2.5 million on June 2, 12.

Accordingly, the defendant was given a delivery of KRW 17.5 million by deceiving the victim.