A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant around 11:00 on April 20, 2013, at the D office operated by the defendant in Gangnam-gu Seoul Metropolitan Government, the defendant would pay the victim E a profit of KRW 1.5 million for each ten days as well as repayment of principal if he/she makes an investment of KRW 30 million in the Myanmar petroleum production business.

“A false representation was made.”

However, the fact is that there was no fund to operate a local business entity in Myanmar and a petroleum production business, or to purchase equipment to operate a petroleum production business, and therefore it was impossible to operate a petroleum production business. Therefore, even if investment is made from the damaged party, the victim did not have the intent or ability to pay the investment profits and the principal.

As such, the Defendant, by deceiving the victim as such, was given KRW 30 million from the victim on April 26, 2013 under the pretext of an investment loan.

Summary of Evidence

1. Statement by the defendant in court (the fifth public trial date);

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes indicating each E in the police interrogation protocol to the accused;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The method and form of deception of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the victim's investment, the process of paying part of the victim's dividends, the defendant's absence of any criminal record and no criminal record heavier than the suspension of execution since 1977, and the defendant's age, sex, family environment, and circumstances before and after the crime are determined by comprehensively taking account of the sentencing conditions indicated in the arguments, such as the defendant's age, sex, family environment