A defendant shall be punished by imprisonment for three years.

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

(e).

Punishment of the crime

"2015 Gohap 176"

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on September 20, 2012, the victim H was engaged in a business of purchasing and processing and selling Damond won at home delivery at the office of Dongdaemun-gu Seoul Metropolitan Government Itel 1007 G on September 20, 2012. If the Defendant made an investment in purchasing Damond won, 10% of the investment amount per month shall be paid as profits.

“The meaning of “.......”

However, in India, the Defendant did not engage in the processing and selling business after purchasing the Montreal Won in India, and even if doing the above business in the future, it was clear whether the Defendant could pay the profits. At the time, the Defendant was liable to pay the surcharge of KRW 3 billion and KRW 200 million without any specific income or property due to lack of a special occupation from around 1996, and the Defendant was thought to use the invested money received from the damaged person as repayment of personal debt, etc., so there was no intention or ability to pay the profits even if he was paid the money under the pretext of investment from the damaged person.

As such, on November 16, 2012, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the bank account in the name of the J, the Defendant’s wife on the pretext of the investment deposit, from the victim, from the time on December 23, 2013, from that time to December 26, 2013, including the transfer of KRW 589,500,000 to the bank account in the name of the Defendant’s wife, from that time.

2. Fraud;

A. At the same time and place as in the preceding paragraph, the Defendant is running a business to purchase and sell the mond originals at home and by processing them at home. If the Defendant made an investment in purchasing the mond originals, 10% of the monthly investment will be paid as profits.

“The meaning of “.......”

However, the defendant has the intention or ability to pay profits even if he receives money from the damaged person as investment money for the same reasons as the preceding paragraph.