A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

피고인은 2011. 10. 초순경 인천 계양구 D 소재 피해자 E의 농장에서 피해자에게 ‘묶은 쌀을 햅쌀과 혼합한 후 그 쌀을 판매하는 농협 쌀사업이 있는데, 2억 원을 투자하면 전액을 위 사업의 투자금으로 사용하여 월 400만 원의 확정 수익금을 지급하고 원금도 보장해주겠다. 원금은 한 달 전에 이야기하면 전액 반환해주겠다‘는 취지로 거짓말을 하였다.

However, in fact, the rice business at the time was already in the state where the investment was already completed and was not in the stage of receiving new investment, and it was difficult to conduct the business. Therefore, even if the victim received the investment money, it was unclear whether it is possible to pay the fixed amount of profit and immediately repay the principal as agreed upon by the agreement. Moreover, the Defendant did not return it even after receiving the demand from the other prior investors at the time. Therefore, the Defendant did not think that it would be used to repay the principal of the prior investor’s capital and did not think that it would be used as the investment money by remitting the total amount to the Investment Agency.

Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 30 million around October 19, 201, including KRW 60 million around October 24, 201, KRW 50 million on December 13, 201, KRW 50 million on December 15, 201, KRW 50 million on December 15, 201, and KRW 200 million on December 26, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the examination of the accused by the prosecution (including the E substitute part);

1. Each police statement concerning E and F;

1. Application of a copy of passbook and Acts and subordinate statutes concerning transaction;

1. Article 347(1) of the Criminal Act applicable to facts constituting a crime, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act that choose imprisonment with prison labor is related to the investment of the rice business of this case, and the victim’s investment