A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 21, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Seoul Central District Court on April 29, 201, and the said judgment became final and conclusive on April 29, 201. On December 27, 2011, the said judgment was finalized on June 19, 2012 after having been sentenced to eight months of imprisonment with prison labor for a crime of fraud by the same court. On June 15, 2012, the said judgment became final and conclusive on June 23, 2012.

1. On May 29, 2009, the Defendant made a false statement to the effect that “The Defendant would pay monthly revenues to the Victim F through the staff of the (ju) E, who is an employee of the Defendant, to make an investment in the Fund of the Victim F, which is a medical device destroying a regional somatic cell.”

However, in fact, the defendant's medical device siren business did not generate profit separately, and the defendant is expected to prevent so-called return, which is paid to the victim's money invested after the profit from the investment is paid to the investors who made the investment in the above business, and even if the defendant received the investment from the victim, the defendant did not have the intent or ability to pay the victim the medical device siren profits every month.

As such, the Defendant, by deceiving the victim, obtained on May 29, 200, KRW 6 million from the victim and fraudulently acquired it.

2. Around August 10, 2009, the Defendant: (a) by deceiving the Victim H from the U.S. G located in Ulsan District by means of the above paragraph (1) from the Defendant’s (ju) E located in Ulsan District; (b) obtained a total of KRW 100 million from the victim to the E account on August 10, 2009; and (c) obtained a total of KRW 30 million from the victim, including KRW 70 million on August 11, 2009 and KRW 70 million on August 7, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. A copy of the consignment management contract, copy of the receipt without passbook, or copy of the receipt of a deposit with no passbook;

1. Previouss before ruling: Criminal records, investigation reports (as to attachment of a copy of the judgment), written judgments, investigation reports A.