A defendant shall be punished by imprisonment for not more than ten 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.

Punishment of the crime

On January 201, the Defendant stated to the effect that “Around 201, the Defendant made and operated a company that manufactures the tools in nature in the form of a natural dmond,” and that “Around 30,000, the Defendant invested money in the purchase cost of the tools and the funds for personal management to establish a company.”

However, in fact, the Defendant was unable to supply the tools manufactured by “C” companies that have been working in the Defendant’s natural tea, and the Defendant was unable to seek such transaction partner separately. As such, even if the Defendant was paid the investment money from the injured party, even if it was established by the said company, the Defendant did not have the intent or ability to return the amount of the said investment money to the victim as profits accrued from the sale of the said tools, and was thought to use the said money for personal purposes, such as living expenses.

The Defendant: (a) by deceiving the victim as above; (b) received KRW 83 million in total from the injured party (i.e., KRW 5 million around February 29, 2012; (c) KRW 15 million around May 31, 2012; and (d) remitted KRW 3 million around December 28, 2012, KRW 300,000 around February 5, 2013; and (c) acquired the victim by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning B of the protocol (list 5) concerning the examination of the suspect against the defendant

1. A detailed statement of entry and withdrawal (List 12);

1. Application of each investigation report (List 2, 3) statute;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act and the imprisonment with prison labor for the option of criminal facts;

1. Article 62(1) of the Criminal Act of the suspended sentence (a) appears to have been capable of manufacturing the above tools, such as confessions, reflects, initial crimes, and the efforts to establish the manufacturing and selling businesses, such as related persons, also seems to have been made, and there was the degree of intent to distribute profits to the victim in the event that the above projects are well made profits.