A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On September 27, 2019, the Defendant was sentenced to a suspended sentence of two years for a period of eight months for fraud at the Jeju District Court, which became final and conclusive on October 5, 2019.

[Criminal Facts of crime] On July 2017, the Defendant stated that “The method of importing active fish in Japan is well known and there are many profits if sold, then the Defendant would make an investment in KRW 20 million.” The Defendant said that “The Defendant would make an investment in KRW 20,000,000,000,000.”

However, the defendant received money from the victim as a active fish purchase investment fund, and thought to use it for personal purposes, such as the purchase of fishery products by the company operated by the defendant, card price, etc. The defendant tried to use it for personal purposes, such as repayment of the defendant's obligation even if sales proceeds have been made by importing active terms, and did not have the intent or ability to return the principal, profit

Nevertheless, the Defendant, by deceiving the victim as above, acquired property profits by remitting the sum of KRW 20 million, including KRW 10 million on July 31, 2017 and KRW 10 million on August 3, 2017, from the victim’s DNA bank account (E) in the name of the Defendant C.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of statement concerning B prepared by the police officer;

1. To describe part of the petition form B;

1. A statement of investigation report (including attachment of a statement of account transfer) prepared by the police (including accompanying documents);

1. Descriptions of the details of transactions in deposit and withdrawal, and details of financial transactions in the F Cooperatives;

1. Previous records: Application of Acts and subordinate statutes to a statement (including attached documents) of investigation report (Attachment to separate judgments, etc. on fraud of the same kind of power) prepared by the prosecution;

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 dealing with concurrent crimes;

1. The conditions of suspended execution under Article 62(1) of the Criminal Act are favorable to the reasons for sentencing.