A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 2, 2012, the defendant tried to make an investment in the Malaysia mine in the Malaysian Station in Gangnam-gu Seoul, and the victim C in the Malaysian Station in Gangnam-gu.

The principal has been recovered within one year by making investment of KRW 50 million, and the amount of 50 million has been added to the investment profits.

If you make an investment, I would like to pay 90,000 won per month for the investment of 5,000 won per 5,000 won per year, and will also be eligible to live the shares of the company located in Malaysia.

“False speech was made to the effect that it was “.”

However, even if the defendant received money from the injured party, he did not have the intent or ability to invest in the gold mine business, and was thought to use the money from the injured party for personal purposes.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 2.5 million from the victim on December 18, 2012 under the pretext of investment, and received cash of KRW 3.5 million on January 8, 2013, received cash of KRW 3.5 million on January 29, 2013, and received remittance of KRW 15 million on February 24, 2013, and acquired it by remittance on four occasions, such as receiving remittance of KRW 6 million on February 24, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (hereinafter the reasons for sentencing) is [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] of the mitigated area (one month to one year) [the person subject to special mitigation] under Article 1 of the Act on the Suspension of Punishment [the decision of sentence] where the defendant recognized the crime of this case and divided his mistake, agreed with the victim. The defendant did not have any record of other criminal punishment except for one fine, and was detained for about one month. The defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.