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

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

Punishment of the crime

around January 12, 2017, the Defendant secured approximately KRW 400 billion at the cost of the development project managed by the Defendant in Gangnam-gu, Seoul. Of these, the Defendant would invest KRW 300 to 50 billion in the acquisition fund of listed companies.

In order to use 40 billion won, 50 billion won shall be deposited in the head of the Tong, and 30 million won shall be borrowed from the head of the Tong. On the 18th of the same month, the injured person prepared an investment contract to pay 30 billion won to the injured party within 30 days if he remitted 20 million won under the name of advance payment of investment profits.

However, in fact, the defendant did not think that he would use the development project cost to be carried out by him or for personal purposes such as securities investment, and did not secure the amount of 400 billion won as the development project cost. Therefore, even if he received money from the victim, he did not have the intention or ability to invest 30 billion won as the fund for acquiring the listed company.

On January 18, 2017, the Defendant was granted KRW 20 million to the national bank account (E) in the name of his wife D on January 18, 2017, by deceiving the victim and deceiving the victim.

Summary of Evidence

1. Each legal statement of witness B and F;

1. Partial statement of witness G;

1. Statement made by the prosecution with regard to G;

1. Written statement of cash payment;

1. Two copies of the investment contract and identification card;

1. Details of deposits;

1. The details of H account;

1. Evaluation statement per minute;

1. A written request for loans;

1. The Incheon Appraisal Table;

1. Resignation statement;

1. Each investigation report (the details of telephone conversations between a witness I and a witness H telephone call);

1. Details of each account transaction;

1. Application of Acts and subordinate statutes, such as a bank transaction statement, additional statement, and account transaction statement;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act does not seem to be contradictory to the instant crime while denying it, and the victim’s damage is.