A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 2017, the Defendant made a false statement to the effect that “The Defendant would create a G corporation and register it as a director at an early time when investing KRW 30 million in the G, and would give 10% of the equity interest to the Plaintiff at the office of the victim F of the F of the F branch in Song-gu, Incheon.”

However, since the establishment of a corporation has not yet become final and conclusive, the defendant did not have any intent or ability to register the victim's shares with the victim's director at an early time, even if he received money from the victim.

On June 28, 2017, the Defendant received 30 million won from the injured party to the Defendant’s account under the pretext of an investment deposit.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on mobile remittance statements, certificates of deposit transaction records, and transaction details;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession of all crimes of this case and the recognition of mistake, the restoration of all damages, and the agreement with the victim);