A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 2012, the Defendant owned 80% of the business shares in H market improvement projects conducted in G in the G of the Gangnam-gu Seoul Metropolitan Government, which is operated by the victim D around April 2012. The Defendant sold 51% of the total business interest shares to 2 billion won as the financial situation is difficult.

First of all, if 200 million won is paid as down payment, it is possible to use the design cost to carry on the business smoothly.

“A false representation was made.”

However, the defendant did not actually hold the business shares related to H market improvement project at the time, and because he did not have any occupation or income, received money from the injured party for the purpose of paying living expenses or personal debts, he did not transfer the business shares to the injured party or did not have the intent or ability to use the said money as design cost.

Nevertheless, on June 1, 2012, the Defendant: (a) around 16:00 on June 1, 2012, with an account opened in the name of the Defendant, a corporation operating by the Defendant; (b) KRW 20 million on or around 14th of the same month; and (c) the same year;

7.25. Minority KRW 10 million, and the same year.

8.2. Around February 1, 200, KRW 50 million was remitted, KRW 30 million around August 8 of the same month, KRW 20 million around September of the same month, and KRW 50 million received each remittance on the 14th day of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and D;

1. A criminal investigation report (in the form of a State), attaching details of transaction of the NongHyup Account in the name of the State);

1. Application of Acts and subordinate statutes to a copy of a contract for transfer of shares in H market improvement project and a statement of payment of damages;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendations in the sentencing guidelines] - In the area of mitigation (from October to February 6) of types 2 (at least KRW 100,00, less than KRW 500,000) of the General Fraud, - Special mitigated Persons: Non-guilty of Punishment (decision of Sentence] - Unfavorable circumstances: the amount of damage which is less favorable: