A defendant shall be punished by imprisonment for one year.

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

"2015 Highest 1576"

1. Around February 21, 2012, the Defendant against the victim C, at the E office of the victim’s operation in Gangdong-gu Seoul Metropolitan Government (Seoul) on February 21, 2012, the Defendant concluded that “B would sell at least 100 square meters per month by establishing a main branch office for stamp operating expenses and advance payment amounting to KRW 50 million as he/she retired as a military officer, and that “B would complete payment of KRW 500,000 per month from May 2012 to May 2012.”

However, even if the Defendant received the advance payment from the victim, he used the advance payment for personal purposes such as living expenses, etc. due to economic difficulties as well as there was no intention or ability to conduct business.

On the 23th day of the same month, the Defendant, by deceiving the victim and deceiving the victim, acquired KRW 20 million from the victim as the advance payment, and acquired it through the Defendant’s bank account to the Defendant’s bank account, and acquired it by defrauding KRW 53,658,930 over 13 times in total, as shown in the attached list of crimes.

"2015 Highest 2677"

2. Fraud against victim F;

A. On April 12, 2012, the Defendant made a false statement to the victim’s phone call at an unspecified place located in Busan, that “E” should be deposited into the head office, and if the funds are insufficient to lend KRW 10 million to the head office, the Defendant would repay the funds up to May 12, 2012. In return, the Defendant would arrange to sell the kimchi cooling house sold by the complainant, and arrange to sell the 500 50 50 franchis.”

However, even if the defendant receives money from the victim, he did not have an intention or ability to make repayment within one month and to arrange the victim to sell 500 fimchi coolings and 500 fimchis.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the bank account in the name of the Defendant on the same day.