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, in the Seo-gu Daejeon on January 22, 2014, has a good business that the Victim D prepared to make an in-house investment.

Cp. There is a large amount of money to make an investment, one-half of the profits from the project will be divided.

Investment funds shall be returned to the principal at any time at the time of request, and investment shall be made.

“.....”

However, the Defendant did not have any special occupation or property as the bad credit holders at the time, and even if having received an investment from the injured party, it was thought that they will use both Internet gambling funds, living expenses, and personal debt repayment, and thus there was no intention or ability to divide the profits normally from the investment in the business, or to return the principal of the investment.

On January 22, 2014, the Defendant, by deceiving the victim as such, received KRW 5,00,000 from the damaged party to the Agricultural Cooperative account under the name of the Defendant for the purpose of investment deposit, and received KRW 68,660,00 from around that time to August 6, 2016, total sum of KRW 36 times from around that time, as shown in the attached crime awareness table, and received money as a total of KRW 68,60,00 from around 36 times, as stated in the attached crime awareness table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of each statute on the details of the NongHyup Account Transactions and the details of the NongHyup Account Transactions;

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

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

1. It shall be considered that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is recognized and reflected in the crime, such as the scale and method of the defraudation of this case, and the same criminal records.