A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On November 24, 2010, the Defendant was sentenced to eight months of imprisonment for fraud at the Suwon District Court, and the judgment became final and conclusive on June 30, 201. On April 4, 2012, the Daejeon District Court sentenced two years of suspension of execution to ten months of imprisonment due to a violation of the Punishment of Violences, etc. Act (joint assault) at the Daejeon District Court.

Around May 2, 2010, the Defendant made a false statement to the victim F (57 years of age) to the E office operated by D himself, Inc., Ltd., “A company may also develop ED even and have no other debt. A bank-related or other debt may not be incurred.” As the machinery inside a factory is entirely inside a factory, it would be able to have the security device installed in the machinery, thereby doing so. D. D. An investment will be made at a dynasium with a cash amounting to KRW 270,00,000,000, which is 100,000 won per 60 days after deducting 3% of corporate tax and 10% (27,000,000 won) of the dividend on the principal.”

However, in fact, the above company was in a state of deficit for two consecutive years, and the amount of company's debt such as the transaction company's credit payment and the unpaid amount of electricity tax was 200 million won, and even if part of the company's machinery purchased by lease and received investment money from the victim, it was not possible for the victim to provide it as security for transfer, and there was no intention or ability to provide a security or to repay investment

On May 3, 2010, the Defendant, by deceiving the victim as such, received 270 million won from the victim to the corporate bank account (number G) account in the name of the above company, and acquired it by deceit.

Summary of Evidence

1. Statements made by F and H in the fifth trial records;

1. Statement I in the seventh trial records;

1. The statement of the accused in F and I among the interrogation records of the accused by the prosecution (the first examination);

1. A copy of the protocol of examination of police suspect with regard to I (part of No. 10 of the evidence list);

1. Statement to J police officers;

1. Each complaint;

1. Copy of a cash custody certificate;

1. A copy of each list of transactions;

1. Copy of the details of use of investment funds;

1. The documentary evidence of the loan certificate No. 218.