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

Around September 25, 2009, the Defendant made a false statement to the effect that “The Defendant would give the Victim F profits by making an investment in stocks if he/she will pay money to B” at “E” of the fifth floor of the Gangnam-gu Seoul D Building.

However, the defendant did not have the intention or ability to pay double the profits by investing shares even if he received the investment money from the victim.

As such, the Defendant, by deceiving the victim, received 55 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Statement of the accused in the fifth trial records;

1. Statement made by a witness F in the seventh trial records;

1. Application of Acts and subordinate statutes of deposit certificates and payment commitment certificates;

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommending sentence] General Fraud / [the scope of recommending sentence] there is no basic area (6 to 100 million won) (6 to 6 months) of types 1 (the period of less than 100 million won) [the decision of sentencing] [the victim did not reach an agreement with the victim and the victim wanted to be punished. There are no records of the same kind, but there are one time a suspended sentence and two times a fine. There are criminal records of the first sentence (the date of November 20, 2014). There are no records of the suspended sentence, the escape and detention of the victim, 5,000,000 won is deposited for the victim, the fact that the victim recognized and reflected the crime, and other circumstances such as the amount of fraud, the period of detention, the defendant's age, character and conduct, the motive and circumstances leading to the crime in this case, etc. shall be determined as stated in the disposition after the crime.