A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On December 2, 2012, the Defendant made a false statement to the victim D, who was a member of the “C Farming Association,” a member of the “C Agricultural Association,” which was operated by the Defendant in Hamcheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, in order to raise a company with the capital of KRW 200 million. It is necessary to capital KRW 200 million, and the Defendant invested KRW 50 million in the capital of the said newly established corporation in the amount of KRW 150 million.”

However, the Defendant prepared the articles of incorporation, etc. of the said corporation on May 2012 and did not take all procedures for the establishment of the said corporation. The Defendant did not actually invest KRW 150 million in the said corporation. The Defendant was thought to use all the money received from the victim for the purpose of the purchase of seeds and seedlings of the said “C Agricultural Corporation”.

Nevertheless, on March 5, 2013, the Defendant, by deceiving the victim as such, received KRW 50 million from the victim, under the pretext of the capital contribution to the Co., Ltd. newly established with the Agricultural Cooperative (E) account in the name of the “C Agricultural Cooperative” at around 09:18, 2013.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D's statement among the interrogation protocol of the defendant by the prosecution (second time)

1. A certificate of investment funds, certificate of electronic financial transfer result, statement of account transactions, meeting minutes of the board of directors, articles of association, statement of tax settlement, copy of passbook, registration and license tax, and report

1. Application of Acts and subordinate statutes to report on investigation (CF statement hearing report by shareholders of the CFF);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the suspended sentence [the decision of types] of general fraud (the amount of less than 100 million won) - mitigated factors: