A defendant shall be punished by imprisonment for not more than ten months.

However, 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

(State)The Defendant is a person who engages in a financing project relating to the construction and construction of a mutual name D.

1. On January 11, 2012, the Defendant concluded that, at the office of the said D Co., Ltd. located in Jung-gu Seoul, Jung-gu, Seoul, the Defendant would create KRW 1 billion within one week if deposit KRW 100 million is made to the victim F who needed a large amount of money to pay the successful bid price.

However, even if the defendant received KRW 100 million, he did not have the intention or ability to create one billion won within a week to the victim.

The Defendant, by deceiving the victim as above, received KRW 100 million from the victim to the new bank account in the name of G employees of the said D Co., Ltd. on the same day.

2. On January 30, 2012, the Defendant made a false statement to the said victim F by phone, stating that “The said victim F would raise funds of KRW 1 billion more than KRW 1 billion per week by paying more than KRW 12 million in the name of interest.”

However, even if the defendant received additional money, he did not have an intention or ability to create a fund of KRW 2 billion to the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 12 million from the victim as the agricultural bank account in the name of his/her wife H on the same day and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I and F;

1. Each prosecutor's protocol of examination of the accused (including I and F statements);

1. The police statement concerning F;

1. Details of transactions of financial information, the NongHyup Bank in the name of H, and details of transactions of financial information;

1. Application of Acts and subordinate statutes to a copy of deposit slip, a copy of performance note, and text content;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The defendant and the defendant under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act;