A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around August 23, 2012, the Defendant entered into a contract with the victim E, victim F, victim G, and victim H to pay KRW 1.4 billion to the Plaintiff, who is an actual operator of the Korea Securities Depository, and for five years. On August 23, 2012, the Defendant made a false statement that “I would return the deposit upon the expiration of the contract,” stating that “I would pay KRW 300 million to the actual operator of the Korea Securities Depository. If you pay the deposit of KRW 300 million, I would have the right to operate the Korea Securities Depository so that I would deposit and engage in cosmetic business for two years by selling it in the Korea Securities Depository.”

However, on August 16, 2012, the Defendant: (a) paid KRW 300 million to the Defendant from the time to July 30, 2014; and (b) did not enter into a contract with the Defendant to operate the cosmetic for about two years from the time on which the Defendant paid KRW 300 million to the Defendant; (c) did not have entered into a contract with the victims to pay KRW 1.4 billion to the said I for five years; and (d) there was no intention or ability to return the deposit, even if the Defendant agreed to enter into a loan agreement with the victims, such as the victims who were in a state of bad credit standing, with the Defendant, to pay KRW 430 million to the said I without any particular operating fund; and (d) at the time there was no intention or ability to return the deposit as agreed to do so.

On August 23, 2012, the Defendant, by deceiving the victims, received KRW 30 million in total from the Defendant’s account under the name of his wife K around August 23, 2012, and received KRW 270 million in total from the same account around September 4, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. Statement of the police statement of E;

1. A complaint, a copy of the contract, a copy of the contract agreement, and details of account transactions;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by telephone from a contract donor);

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.