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

However, 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

1. On March 2014, the Defendant made a false statement to the effect that “If the Defendant was in charge of KRW 170,000,000,000,000 to the hedge fund of KRW 1 billion, the Defendant would have 35-40,000,00 to receive 35-40,000 from the victim B, who was aware of the fact that the Defendant was an agent for the sale of Pyeongtaek at the Busan Shipping Daegu, Busan.”

However, even if the defendant received money from the victim, he did not have the intent and ability to make an investment in the hedge fund or to pay a profit.

On March 26, 2014, the Defendant: (a) by deceiving the victim; (b) obtained money from one bank (C) account under the name of the Defendant on March 26, 201; (c) KRW 100 million on April 11, 2014; (c) KRW 20 million on April 15, 2014; and (d) acquired money by transfer from the victim.

2. On April 2015, the Defendant made a false statement to the same victim at a restaurant located in Busan Metropolitan City Shipping Daegu, stating that “The interest shall be paid by the president of the E-general of the Dispute Resolution Co., Ltd. and the principal may be guaranteed as the revenue of the Fund in the Dispute Resolution Co., Ltd.”

However, even if the defendant receives money from the victim, he did not have the intent to pay interest and principal for the D Project Fund or to guarantee the interest and principal.

Around May 7, 2015, the Defendant, by deceiving the victim, received KRW 100 million from the victim to the new bank account (G) account in the name of the Defendant and acquired it by money.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on cash loans for consumption, borrowing certificates, details of financial transactions with the National Bank, details of transactions with the Han Bank Account, and Kakao Stockholm dialogue;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 32 (1) 3, (2), and (3) of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and the Promotion, etc. of Lawsuits;