A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 2009, the defendant, at the office of "C" located in Suwon-si, Suwon-si, the defendant, "Spocheon-gun E, and there is a waste carba in which the mother was operated on three parcels," and it is expected that he will attract Japanese and Chinese tourists by constructing a hoba, which is capable of making experience tourism in this area. On the other hand, when investing KRW 100 million, he made a false investment because four persons who are employed for three million won per month, thereby making a false investment.

However, in fact, the Defendant had no particular property at the time, and there was no plan to prepare financial resources to raise 500 million won for the construction of the said charcoal, and there was no intent to use the investment funds received from the victim for personal purposes. Therefore, even if the Defendant received the investment funds from the victim, there was no intent or ability to make the victim obtain the above profits by constructing the said charcoal in the above site.

The Defendant was transferred from the victim to the new bank account (F) in the name of the Defendant, KRW 1 million around January 31, 2009, KRW 500,000 around February 10, 2009, KRW 4750,000 around February 18, 2009, KRW 20 million around March 6, 2009, KRW 3875,000 around March 9, 2009, and KRW 1 million in cash around April 3, 2009.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's oral statement (the third trial date);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (examination of details, etc. of accounts of defendants);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General Fraud (less than KRW 100,000) (one month to one year) mitigation area (special mitigation person] [the decision of sentencing] and the defendant deceivings the victim without any specific project plan, thereby deceiving the victim.