A defendant shall be punished by imprisonment for one year.

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

Criminal facts

1. On October 2012, the defrauded concluded that the Defendant would purchase shares in the name of the victim, “D,” operated by the victim E in YY-si, Y-si, Jeonsan-si, and that “The victim would purchase shares in the name of the victim, if any, KRW 120 million,00,000,000, which is 50% of the establishment fund of the company F, as the establishment fund of the company F,” from the victim.

However, even if the Defendant received the above money from the injured party, he did not make an investment in the above F, but did not intend to purchase the shares of the said FF company in the name of the injured party because he thought to use it as the fund for the establishment of the G Seoul Corporation established by himself.

The Defendant received from the injured party a remittance of KRW 30 million from November 29, 2012, KRW 50 million from November 30, 2012, KRW 40 million from November 30, 2012, and KRW 40 million from December 26, 2012, respectively.

Accordingly, the Defendant was given property worth KRW 120 million by deceiving the victim.

2. On August 2013, the Defendant in breach of trust: (a) considered the victim E’s “ dental office operated by the Ha in Yan-gu, Jeonsan-si; (b) concluded that the minimum amount of capital to be established is KRW 50 million with the victim and the “G Busan corporation,” and that the victim invested KRW 30 million with the capital to be established; and (c) agreed that the damaged party and the Defendant allocates the shares of the company to KRW 51% with the ratio of KRW 49%.

Pursuant to the above agreement, the Defendant was delegated by the injured party to perform the business of establishing a company on behalf of the injured party and delivered KRW 30 million on August 13, 2013 under the name of the incorporated capital of the said corporation, but he was aware of the fact that there was no restriction on capital, and only received KRW 30 million from the injured party, and accordingly, he was willing to establish a company. Thus, barring special circumstances, the injured party notified the injured party of such fact and, barring any special circumstance, the duty to establish a company with a structure that holds 1

Nevertheless, the defendant is the above.