A defendant shall be punished by imprisonment for one year.

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 14:20 on August 15, 2012, the Defendant made a false statement to the victim C and D that “if he/she invests KRW 50 million in each business operated by his/her own company, he/she will pay KRW 200,000 per month as a profit, and the principal will be repaid after one year.”

However, the defendant had no intention or ability to pay the profits and principal normally even if he receives the investments from the victims because it was difficult for the management of the company at that time because the profits from the investment from the senior investors were not paid normally, and there was no intention or ability to repay the profits and principal.

As such, the defendant deceivings the victims, and is the next day under the pretext of investment from the victims.

8. 16. Each of the 16. 50 million won was remitted in total to the Defendant’s national bank account (E) account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A statement of F and G;

1. The details of each remittance and the application of Acts and subordinate statutes governing investment contracts for entrusted operation;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty (the point of fraud);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the amount of the reasons for sentencing under Article 62(1) of the Criminal Act is equivalent to the amount of damage caused by the suspended sentence, it shall be determined as per the disposition, taking into account the following factors: (a) the victims and the victims have agreed smoothly, (b) there is no previous record; and (c) the entire crimes