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

[criminal records] On November 17, 2011, the Defendant was sentenced to three years of imprisonment for a crime of fraud at the Seoul Central District Court, and the judgment was finalized on May 4, 2012. On October 10, 2012, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Southern Branch of the Gwangju District Court, and the judgment became final and conclusive on October 18, 2012.

[Criminal facts] The Defendant was a current or former H representative.

On July 29, 2010, the Defendant stated, at the 11th floor H office of the Yeongdeungpo-gu Seoul Metropolitan Government I building, that “On the amnesty of the shares of the victim J, it is 30-40% of the actual amount of investment, which is good shares, and the company is strong.”

However, even if the defendant receives money from the injured party for the purchase of shares, he did not have the intent or ability to invest in the shares.

Nevertheless, around July 29, 2010, the Defendant received KRW 100 million from the injured party as one’s front check and used it to pay the Defendant’s personal debt instead of investing in the stocks even though it was paid by the injured party a total of KRW 430 million on four occasions from around that time to June 29, 2011, such as the list of crimes in the attached crime list.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Complaint;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes concerning investigation reports;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended execution of the Criminal Act is with intent to use for the defendant to repay his personal debt, and in consideration of the fact that the defendant acquired 430 million won as the name of the victim as the share investment fund, and the nature of the crime is not that of the defendant, the defendant shall be punished.