A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 8, 2017, the Defendant stated that “A victim D (the age of 43) who became aware of the introduction of B and C from the temporary closure room of the first floor of the Seoul Central District Office located in Jung-gu, Seoul, that “If the factory located in Seosan-gun is much longer than the market price and only the down payment is made, there is a lot of profit. If the Defendant invests KRW 50 million, eight million will be made within one month.”

However, the defendant's intention to acquire the company "E" and purchase the factory in Busan Metropolitan City, and 50 million won from the victim's acquisition-related contract deposit, the 20 million won out of which was used as the contract deposit related to the acquisition of the above company and the remainder was thought to be used regardless of the business, such as living expenses. However, even if the contract deposit is paid because there was no additional fund for the acquisition of the above company at the time, it was not possible to accept it even if it was paid the contract deposit, and there was no other circumstance where the contract was concluded or scheduled to purchase the factory in Busan Metropolitan City, which is anticipated to bring profit from the market price in a short period, and there was no specific business plan for the business, and no specific business plan for the business was available to purchase the factory and no profit was generated within one month. At the time, the defendant did not have the intent to repay 80 million won within one month as agreed by the victim even if he did not have any particular income or property,

Nevertheless, the Defendant, by deceiving the victim and deceiving the victim as above, obtained KRW 10 million from the victim on December 8, 2017, KRW 20 million on December 15, 2017, KRW 15 million on December 22, 2017, KRW 5 million on December 29, 2017, and KRW 5 million on December 29, 2017 from each agricultural corporation’s G account in the name of each agricultural corporationF corporation, and acquired KRW 50 million in total.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Some statements of the suspect interrogation protocol prepared on December 18, 2019 against the defendant prepared by the police;

1. The defendant of the police preparation is among the suspect interrogation protocol (H, D and D) dated December 18, 2019.