A defendant shall be punished by imprisonment for not less than two years and six months.

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

Criminal facts

From October 2005, the Defendant served as a multi-level salesman at a company called “C”, which is a similar recipient company, from around October 2005. From around 2009, the Defendant had been able to receive an investment amount equivalent to the amount of money from the victim E while operating a similar recipient company that receives investment money from many unspecified persons in relation to the export and sale of coffee New Zealand with the trade name of “D”, and had been able to receive the investment money from the victim E, with the knowledge that the victim had considerable financial capacity.

1. On November 12, 2010, the Defendant committed the crime of acquiring the name of issuance of a payment guarantee certificate and the name of fraud, the Defendant made a false statement to the effect that “G,” the victim’s “G,” operated by the victim in Daegu-si Cerrib factory, incurred losses due to lack of local funds, which may be paid upon additional investment of KRW 3 billion in addition to the funds of KRW 3 billion, and our country will bear KRW 100 million as a fee for issuing a payment guarantee certificate,” and H, who asked the victim again to the victim who had worked together with the Defendant, “The need to receive KRW 100 million as a fee for obtaining a payment guarantee.”

However, at the time, the Defendant received money from the victim as a means of issuing a payment guarantee letter, but did not have any intent or ability to obtain a payment guarantee certificate from a financial institution and intended to use the amount of KRW 3 billion as a means of personal debt repayment, etc. with money from the victim.

As above, the Defendant, by deceiving the victim, acquired 18 million won from the victim to the bank account in the name of the victim I (J).

2. The Defendant, at the early February 201, 201, said victim’s “G” coffee factory office operated by the said victim, would send the proceeds excluding the sales commission if he sent a coffee to the victim.”