A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 2013, the Defendant made a false statement to the victim B, stating, “In the event of an investment of KRW 5,00,00,000, the Defendant would sell and divide profits from 4 to 5,000 to 3,00 won, and would guarantee profits from 2 to 3,000 won.”

However, in fact, the defendant was liable for the debts exceeding KRW 30 million at the time, and even if he was paid the purchase price of pine trees, he did not have the intention or ability to purchase pine trees because he was thought to be used as repayment of personal debts and business operation expenses.

On November 5, 2013, the Defendant, by deceiving the victim, received KRW 10 million from the victim, through the Saemaul Treasury account in the name of the Defendant, for the purpose of the purchase of pine trees, from the victim, from the victim, and received the remittance of KRW 50,00,000 from that time to February 11, 2014, including the transfer of KRW 50,000,000 from that time.

Summary of Evidence

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

1. Statement made by the police against B;

1. Application of statutes on details of transfer of smartphone accounts;

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 punishment;

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