A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal records] On July 20, 2017, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for fraud, two years of probation and eight hours of community service order, and the judgment became final and conclusive on the 28th of the same month.

[Criminal facts] On July 2012, the Defendant: (a) at the mutual infinite coffee shop located in Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu, (b) on July 2012, the Defendant: (c) “D, under the trade name of D, is proceeding with the coffee store business in the expressway rest area; and (d) made an investment of KRW 100 million, the Defendant would guarantee a high profit.

If the project is not properly conducted, the full amount of the investment shall be returned.

“The proposal was made.”

However, in fact, the Defendant did not have a clear plan to give a coffee specialty in the expressway rest area, and the Defendant did not have any particular property or income but did not have any bad credit standing, so there was no intention or ability to return the full amount of the investment to the complainant when the business is not run properly.

As such, the Defendant, by deceiving the victim, received KRW 50 million from the victim as investment money on July 10, 2012, and transferred KRW 20 million on July 17, 2012, and KRW 30 million on the following day to the deposit account (F) in the name of E, and acquired KRW 100 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the prosecution against the accused and G (including the cross-examination);

1. Statement made by the prosecution against C;

1. E statements;

1. A report on investigation (report on attachment of details of the E account);

1. Each letter and receipt of the defendant;

1. Previous convictions in judgment: Inquiry about criminal history, search of cases in B and application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act

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

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act does not apply to the instant crime on the grounds of concurrent crimes in the latter part of Article 37 of the Criminal Act, but the sentencing criteria for the case where it is assumed that the instant crime does not have such concurrent crimes are as follows.