Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On March 7, 2016, the Defendant: (a) at the 00 agricultural partnership office located in Seongbuk-gu, Sungnam-si, Sungnam-si, the Defendant stated, “Afresh D operates 00 agricultural partnership corporations; (b) Afret D who cultivates B in Chungcheongnam-do, operates E who sells a house for growing blusations, and has a lot of profits from farming business, such as selling in lots a house for growing bluss mushroom growing in the Yan-do, Gyeonggi-do, the Defendant paid 8.5 million won, excluding advance interest, to pay 12 million won in total with the principal and dividends, as agreed upon by the victim; and (c) again, at the above office around the 21st of the same month, the Defendant stated, “If 10 million won is additionally invested, the principal and dividends will be paid in 4.4 million won per month by adding the principal and dividends to the victim.”

With respect to the money that the Defendant received from the victim around March 7, 2016 among the facts charged in the instant case, it is determined that there is no proof of such fact as set forth in the lower judgment. However, it is necessary to enter this fact in the facts leading to the fraud around March 21, 2016, and even if it is acknowledged differently from the facts charged, it is deemed that the Defendant’s exercise of the Defendant’s right to defense would be substantially disadvantaged in light of the content of the Defendant’s defense and the process of public trial. Therefore, the basic facts as stated in the facts charged are modified ex

However, in fact, even though the defendant was actually operating 00 farming associations, the defendant did not normally operate the Blulue Farming Board and the Gyeonggi-do Slue Slus Mabbling Farming Board in the Chungcheongnam-do, and the delinquent tax amount was equivalent to KRW 196,371,910. Therefore, even if he received the investment amount from the victim, he did not have the intent or ability to pay the principal and the dividend amount as agreed.