A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around June 5, 2011, the Defendant told the victim C, who was introduced through a branch, at the Defendant’s office located in Ansan-si, a member B, to the effect that “The Defendant would import and sell a new letter, but would pay twice the investment amount after six months if the Defendant invested KRW 28 million.”

However, around that time, the Defendant prepared new revenues, but did not have any experience in selling new revenues to the customer, and did not have any funds to import new revenues because there was no particular assets. It was thought that the Defendant received investments from the victim, such as the existence of debt to be repaid, and actually did not have any ability to use them as new revenues, and thus, he did not have any intent or ability to use them as profits, even if he received investments from the victim, and then did not have any intent or ability to pay the amount of money as profits six months later.

On June 7, 2011, the Defendant, by deceiving the victim, obtained KRW 28 million from the victim as the investment money from the victim, and obtained it as the agricultural bank account under the name of the Defendant’s wife, by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements of each prosecutor's protocol of examination of the defendant against the defendant;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on details of passbook transactions, current status of entry and departure of each individual, credit reports, and account transactions;

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

1. Article 62 (1) of the Criminal Act (i.e., reflective points and agreed with the victim);