A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is the representative of “C” and the victim D is the operator of the E Company.

On April 2015, the Defendant stated that, at the E office located in Seongdong-gu Seoul F, the Defendant would pay the victim a minimum of 4% monthly profit if he/she has made an investment in the paint business.

The prosecutor has "the defendant carries out a paint construction on the Gangnam-gu Seoul Metropolitan apartment complex" to the victim, and there is a lack of construction funds.

In the event of an investment of KRW 30 million in the construction fund, it is not sufficient to recognize that the Defendant was deceiving the victim as stated in the above facts charged, but the Defendant’s false statement in the investigation agency and this court and the content of the contract (Evidence No. 94 page of the evidence record) that “I will return KRW 32,50,000,000,000, including the principal of the investment, to the sum of the proceeds including the principal of the investment,” was indicted. However, in light of the Defendant’s statement in the investigation agency and this court and the content of the contract (Evidence No. 94 page of the evidence record), it is recognized that “I would pay a minimum of KRW 44,00,000,000,000,000,000

However, in fact, the defendant had no intention or ability to pay the principal and profits after two weeks since he thought to use the investment funds received from the damaged person as personal debt repayment, gambling funds, etc. in the situation where he is urged to repay other debts.

Nevertheless, the Defendant, as seen above, was issued KRW 26.5 million on April 20, 2015 from the victim who deceivings the victim and is under control of the victim; KRW 20 million on April 29, 2015; KRW 500,000 on May 8, 2015; and KRW 4 million on May 15, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A loan certificate, a certificate of confirmation of transfer, a statement of passbook transaction, a complainant's account transaction statement, a summary of the same industry, and a suspect.