A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, damage to business and real property is incurred.

Punishment of the crime

[Criminal record] On September 13, 2017, the Defendant was sentenced to one year of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on November 17, 2017.

[Criminal facts] 2017 Highest 1942

1. On September 5, 2016, the Defendant made a false statement to the effect that “The Defendant would make a payment of 7-8% of the principal of each month by investing in the shares on September 5, 2016, and the principal would be returned at any time by transferring KRW 10 million to the victim F of the same window, at the Eca shop located in the D Park located in the Namcheon-si, Namcheon-si, Seoul.”

However, even if the Defendant received money from the injured party, it was thought that it will be used to repay personal debt rather than a stock investment, and there was no other property or revenue source in possession and there was no other ability or intent to pay the principal and profit as agreed to the injured party.

After all, the Defendant, as above, by deceiving the victim as above, received 10 million won from the victim to the account under the name of the defendant on the same day as the investment money.

2. On December 22, 2016, the Defendant made a false statement to the effect that “The Defendant would pay the victim a profit calculated by adding up the sum of 10 million won invested at the time when the said amount was invested,” before the said victim’s house located in Macheon-si, Namcheon-si around December 22, 2016.”

However, even if the defendant receives money from the injured party, he thought that he will use it to pay his personal debt, and there was no other property or source of revenue in possession and there was no other ability or intent to pay the proceeds according to the promise to the injured party.

After all, the Defendant, as above, by deceiving the victim as above, received 10 million won from the victim to the account under the name of the defendant on the same day as the investment money.

"2017 Highest 2223"

1. The accused of a violation of the Road Traffic Act, a violation of the Road Traffic Act (driving without a license), and a violation of the Road Traffic Act (driving without a license) shall be on September 7, 2015 and on September 7, 2015.