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1. The defendant shall be punished by imprisonment for three years;
2.Provided, That the execution of the above sentence shall be suspended for five years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
1. The Defendant and E’s crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) committed with E in mind that the Defendant acquired money from victim F under the name of borrowed money, and around January 27, 201, the Defendant received from the victim a false statement stating that “The Defendant would have made an investment of KRW 700 million in the party fys shop in Gangnam-gu Seoul Metropolitan Government, which would require investment of KRW 100 million after 10 days, and if the Defendant borrowed KRW 700 million in the party fys shop, he would have received an investment from pro-friendly investors 10 days after 10 days and repaid the borrowed money without fail to repay the borrowed money by 10 days after 10 days, and received KRW 2.5% per month from the victim on January 28, 2011.”
However, there was no fact that the Defendant-friendly relationship had decided to make an investment ten (10) days, and the Defendant and E attempted to make an investment in the sports soil “sports soil” where there was little possibility of making a short-term profit or collecting funds by borrowing money from the victim, and there was no intention or ability to repay the said money within the agreed period, as the Defendant-friendly relationship had been taking a considerable obligation without any particular property.
After all, the defendant, in collusion with E, obtained 70 million won from the victim.
2. The defendant's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of the defendant made in the middle of February 201, the victim J at the I coffee shop near Hakdong, Gangnam-gu, Seoul, stating that "in Korea, it is required to use the bonds with a amount of KRW 800 million to be invested in the sports territory at present. The borrowed money will be repaid without the mold in one month, within one month, in which the proceeds of sports earth and sand are distributed. Even if no profits have accrued, the borrowed money will be repaid within one month." The defendant borrowed KRW 80 million from K (one person L), which is a bond company around March 10, 201, and caused the victim to bear the guaranteed debt.