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

1. On September 24, 2012, the Defendant made a false statement to the effect that, “In the case of an investment of KRW 20 million in the shipping club in Busan Metropolitan City, the victim C is holding a position as a director with a share in the shipping club and is receiving KRW 2 million every month. One of the remaining members, who has a share in KRW 30 million, is married, would be at KRW 30 million by deducting the amount of money from the amount of KRW 30 million. In addition, if the Defendant invests in the shipping club in KRW 20 million, the amount of money shall be KRW 10 million per month as a revenue, and the principal shall be resolved at any time if so requested.”

However, the fact is that there was no shares in the shipping club owned by the defendant, and even if the victim received the investment funds from the shipping club, there was no intention or ability to repay the principal and the profits.

As above, on September 28, 2012, the Defendant, by deceiving the victim, was transferred from the victim to the account of community credit cooperatives under the name of the Defendant, KRW 20 million under the pretext of investment.

2. On October 2012, the Defendant made a false statement to the effect that “The said victim plans to open a club Nos. 2 in Changwon,” and that “B, F, and G will invest KRW 100 million in each of the D clubs located in Busan Shipping Daegu, Busan, the Defendant would make an investment of KRW 50,000,000,000,000 per month, while guaranteeing the profits of KRW 4.8 million per month, and the principal would be deducted at any time if the said victim wishes.”

However, the fact was not clear whether the defendant, F, and G made an investment of KRW 100 million in the Changwon D clubs, and even if the victim received the investment funds from the Changwon D Club, there was no intention or ability to guarantee the principal or to pay the profit.

Around October 29, 2012, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the agricultural bank account in the name of G from the victim for investment.

Summary of Evidence

1. On the defendant's legal statement 1. F