A defendant shall be punished by imprisonment for one year.

However, 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 November 21, 2012, the Defendant was sentenced to one year of imprisonment for fraud in the Gwangju District Court's Maritime Court's branch, and two years of suspension of execution was finalized on November 29, 2012, and operated E Co., Ltd. in Gangnam-gu Seoul.

1. On March 29, 2010, the Defendant, at the office of the said E Co., Ltd., the victim F, saying, “The Defendant is trying to make pentle from G to Gangnam-si H, and is also developing hot spring. When investing KRW 100 million in this project, the Defendant will return all of the investment principal up to June 4, 2010, and will pay KRW 44 million as dividends. All liabilities for the investment amount are jointly and severally liable with G.”

However, even if the defendant received an investment from the victim, he did not have the intent or ability to return the investment principal or pay the dividend by the date of promise, and he thought that the above investment was used for the expense of the E-company operated by himself.

Accordingly, the defendant deceivings the victim as such and received 100 million won from the victim, namely, from the victim, to the national bank account in the name of the corporation E, the defendant acquired it from the victim.

2. On April 7, 2010, the Defendant stated that “When investing KRW 100 million in our company, the Defendant would first register with the director of our company and pay KRW 300,000 per month for three months under the said monthly salary.” Moreover, until July 7, 2010, the Defendant would pay the principal amount of KRW 100 million and KRW 30 million.”

However, even if the defendant received an investment from the victim, he did not have the intent or ability to return the investment principal or pay the dividend until the date of the promise, and he thought that the above investment was used to repay the debt.

Accordingly, the defendant deceivings the victim as such and receives 100 million won from the victim to the above national bank account under the pretext of investment.