A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Punishment of the crime

[criminal record] On August 16, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Gwangju District Court's Branch Support on August 16, 2012, and the above judgment became final and conclusive on November 5,

[2] On July 19, 201, the Defendant made a false statement to the effect that “The victim B would make an investment in real estate, and make a repayment to the principal when making an investment, by adding the profit to the principal.”

However, in fact, the defendant was liable for the repayment of principal and profit to the existing investors, and even if he was able to use the funds paid to the victim for the repayment of the above debt, he did not have the intention or ability to generate profit by investing in the real estate even if he was paid the funds from the victim.

Nevertheless, the Defendant received from the injured party KRW 10 million on the same day, KRW 20 million on August 25, 201, KRW 20 million on September 7, 2011, KRW 20 million on or around September 20, 201, and KRW 20 million on or around September 20, 201 from each Defendant’s agricultural bank account under the name of each Defendant, and was remitted KRW 2 million on or around December 24, 201, and KRW 10 million on or around January 21, 201 to each Defendant’s bank account under the name of each Defendant.

Accordingly, the defendant was given a total of KRW 82 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A certificate of borrowing, the settlement of borrowed funds, the settlement of accounts, the details of transactions by account, and the details of account transactions;

1. Previous conviction: Application of the results of inquiry about criminal history, text of judgment - Gwangju District Court Decision 2012 High 98 Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Money obtained by deceiving the reason for sentencing of Articles 32(1) and 25(3) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for compensation is not clear).