A defendant shall be punished by imprisonment with prison labor for up to 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

[Criminal Power] On January 16, 2015, the Defendant was sentenced to a suspension of five months of imprisonment for fraud at the Jeonju District Court on January 24, 2015, and the judgment became final and conclusive on January 24, 2015.

【Criminal Facts】

In July 2013, the Defendant made a false statement to the effect that “The Defendant would make a business that supplies stone to the victim D” in the office of a limited company C located in Jeollabuk-si, Jeollabuk-do, Jeollabuk-do, to the effect that “The Defendant would make an investment of KRW 20 million to use it as operating expenses of a limited liability company C, and to pay KRW 30 million to E and the limited liability company F, which is the business partner, to pay KRW 30 million to the company, and to pay KRW 40% of the profits accruing from the operation of the company in the future.” The Defendant made a false statement to the effect that “The passbook in the name of a limited liability company C, which enters to secure this.”

However, even if the Defendant received money from the victim as investment money, the Defendant planned to pay the stone sales proceeds to another account. Of the sales proceeds received, the Defendant did not distribute it to the victim even if there was any profit from the sales proceeds, but was planned to use it for personal purposes, such as business funds or card payments. At that time, there was no particular property for the Defendant, and thus, there was no intention or ability to pay the profit

Nevertheless, on July 18, 2013, the Defendant: (a) by deceiving the victim; (b) transferred KRW 20 million to the account under the name of C around July 18, 2013; and (c) on the same day, paid KRW 10 million to E, a stone purchaser, and paid KRW 20 million to F.

Accordingly, the defendant, by deceiving the victim, received property or acquired pecuniary benefits equivalent to KRW 50 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. An interrogation protocol of the police against the accused (two times, replacement);

1. Statement made to D by the police;

1. A complaint;