A defendant shall be punished by imprisonment for six months.

However, 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 October 2014, the Defendant made a false statement to the victim E, “A”-making capital of “F,” which is a food processing machine, is required at the Defendant’s office located in the exit area No. 1 in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant would make 8% profits by producing and selling the main machine and selling the investment money.”

However, the Defendant was unable to produce and sell “F” that was developed by the Defendant at the time because it did not meet the Ministry of Environment, and the Defendant was thought to use the “F” to pay interest to other investors, not to machinery production funds, even if the Defendant received investment funds from the victims, and thus, there was no intention or ability to pay

Nevertheless, the Defendant, by such means as seen above, received KRW 10 million from the victim on October 27, 2014 to the account in the name of Co., Ltd. (agricultural Cooperatives and G) and received KRW 35 million in total nine times from around that time to November 17, 2014, as indicated in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Complaints, notarial deeds, liquidity transaction inquiry meetings, written investment agreement, and result of execution of warrants;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution (the agreement on partial repayment and subsequent installment payment);

1. Probation and community service work shall be decided as ordered by the court on the grounds of not less than Article 62-2 of the Criminal Act;