The defendant shall be exempted from punishment.

Punishment of the crime

On April 13, 2011, the Defendant was sentenced to one year and six months of imprisonment at the Gwangju District Court for fraud, etc. and the said judgment became final and conclusive on April 21, 201.

The Defendant and the victim B were members of the D Cafe called “C,” and the Defendant posted a public notice of employment on the D Cafe on January 2009.

On January 7, 2009, the Defendant would employ the victim who reported and contacted the above recruitment notice at the hotel coffee shop located in Seocheon-si around January 7, 2009 as annual salary at KRW 50 million if the Defendant paid to the victim the amount of KRW 8 billion at the company’s own asset price, KRW 15 billion at the fund type investment advisory company scheduled to be established on January 15, 2009, KRW 15 billion at the fund type investment advisory company scheduled to be established on or around January 15, 2009, KRW 7 million to ensure safety, and the deposit will be settled by dividing the amount of KRW 50 million at the rate compared to the total investment amount of each company.

“The phrase “ was false.”

However, in fact, the Defendant was not 10 billion won assets, and even if the Defendant did not operate an investment advisory company in the form of private placement and received employment deposits from the victimized party, he did not have the intent or ability to employ the injured party as an employee or to settle the accounts of profits from the deposit.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 7 million from the injured party as the deposit money for employment around January 7, 2009.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A statement of account transfer;

1. Previous convictions in judgment: Application of the defendant's legal statement, inquiry, and copy of the judgment;

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

1. It is so decided as per Disposition on the grounds of the latter part of Article 39(1) of the Criminal Act exempted from punishment (see, e.g., whether damage has been recovered to victims and equality in cases where judgment has been received simultaneously with each crime in which judgment has become final and conclusive);