A defendant shall be punished by imprisonment for six months.

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

Criminal facts

On January 17, 2012, the Defendant stated, within the D office operated by the victim C in Seo-gu Daejeon, Daejeon, that “The Defendant acquired the F station located in E in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and paid a lot of profits by doing vehicle security operations. If the operating funds are insufficient for the vehicle security loan business, the Defendant would pay 5% interest on the 10th day if the funds are lent.”

However, the fact that the defendant did not take over the Friju, but did not engage in the business of making profits by the defendant, but did not intend to make an investment in the illegal loan business that G (the imprisonment with labor for four months for the fraud of vehicle security loan case). However, the defendant made a false statement as if he/she directly engaged in the business, and even if he/she made an investment in the above business with the funds of the victim, he/she did not have any intent or ability to pay fixed profits or interest to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, to make investments from the victim under the pretext of investment, was at least KRW 6,625,000 on January 17, 201, and KRW 7,600,00 on January 20, 201, and the same year.

2. The remittance was received on 22,450,00 won in total as KRW 46,675,00.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (includingC statements);

1. Each police statement concerning C and G;

1. Application of each loan certificate, detailed statement of transactions, and detailed statement of transactions from entry and departure;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100,000) is mitigated (one month to one year) (special mitigation) or where considerable damage has been recovered [decision of sentence] the defendant has agreed in favor of the victim, and the defendant has no same record, and the defendant has no age, character and conduct;