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

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

Punishment of the crime

Around December 24, 2018, the Defendant made a false statement to the effect that “the Defendant shall make an equity investment at least 10% per month,” and “if he/she is entrusted with the said money, he/she shall make an investment in the shares with the said money, and shall pay the 12% of the monthly income as interest, and shall pay the principal after 12 months.”

However, in fact, the Defendant did not receive profits from stocks at the time, and the Defendant did not intend to invest in stocks even if he received money from the victim, because he received money from the victim with a bad credit standing of 100 million won or more, and was planning to use it for personal debt repayment, etc.

Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 40 million from the victim to the company bank account (Account Number: D) in the name of the Defendant’s name on January 9, 2019, and acquired KRW 50 million from the victim as a result of capital investment on the same day.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Statement to C by the police;

1. A private equity fund contract and a letter of payment;

1. Statement of transactions by account;

1. Application of Acts and subordinate statutes of credit information inquiry;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Do1488, Apr. 1, 2006)