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

Punishment of the crime

On January 12, 2011, the Defendant was sentenced to imprisonment with prison labor for 8 months at the Daegu District Court for fraud, and the said judgment became final and conclusive on the 20th of the same month.

On November 3, 2008, the Defendant, “2012 Highest 5035,” stating that “The fact at the D office located in Daegu-gu Dong-gu, Daegu-gu, was scheduled to repay an individual’s obligation, and even if having received money under the name of investment, the Defendant did not have any intent or ability to pay the profit therefrom, and that he/she may give the victim E gains a total of KRW 15 million on the month when using the money for vinyl export, high iron sales, etc.” and that he/she received KRW 15 million from the victim to the passbook in the name of F on the same day under the pretext of investment, and received KRW 30 million from the H office located in Daegu-gu, Daegu-gu, as a check, and received KRW 45 million in total.

On July 27, 2010, the Defendant stated that “When investing KRW 40,000,000,000,000 is to be paid, the dividend Defendant would give priority to the victim K, and Q would calculate the amount of KRW 400-50,000 per kg to the victim’s KRW 15,00,000,000 in the JJ office located in Busan Special Metropolitan City.” The Defendant stated that “If investing KRW 40,000,00,000,000,000 is to be paid, the dividend Defendant would be paid in preference to the O’s operation Q, and Q would be paid in proportion to the victim’s calculation of KRW 15,00 per kg. In addition, the amount of KRW 20,000 and KRW 70,000 in the J Jeonse Contract may be notarized as a collateral

However, the Defendant, at the time, seems to have mistakenly calculated the sum of KRW 150 million from L, KRW 70 million from M, KRW 30 million from N, KRW 18 million from N, and KRW 268 million fromO, which is the sum of KRW 268 million in the indictment.

The victim did not have any intention or ability to pay dividends, even if he received an investment from the victim, because it was difficult to give the dividend.

Nevertheless, the defendant deceivings the victim as above.