A defendant shall be punished by imprisonment for 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

On June 28, 2007, the defendant was sentenced to a two-year suspended sentence of imprisonment for the purpose of fraud at the Gwangju District Court on July 6, 2007, and the judgment became final and conclusive on July 6, 2007.

On April 26, 2006, the Defendant had D, a business member of the C&C Council, a representative director, invested KRW 10,000 in Gwangju-dong, Seo-gu, Seo-gu, Gwangju-gu, said D, “If the Defendant invests KRW 10,00,000, he would be entrusted with growing 2,000 to the land owned by his father. In addition, the Defendant would pay KRW 550,000 per month with the profits and collect half of the cultivated yellow trees in one year after the lapse of one year. The Defendant would collect all of the consigned trees at the expiration of the contract, and would return KRW 10,00,000 to the invested principal.”

However, the fact is that the operating expenses of the above Association are insufficient, and the management of the Association is not proper, so the victim did not have the intent or ability to teach the cultivation technology or to pay the investment profit and the investment principal.

Around April 27, 2006, the Defendant, by deceiving the victim as above, received 2,000,000 won from the victim as the agricultural bank account (F) in the name of the said Association for the purpose of investment, and acquired 10,000,000 won in total from the victim on May 4, 2006.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry reports and investigation reports (Attachment of judgment);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the violation of criminal conduct, circumstances leading to the crime, and the fact of latter concurrent crimes);