A defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.

Criminal facts

1. On January 3, 2018, the Defendant made a false statement to the effect that “The Defendant, by phoneing the victim B at a place not known to him/her, purchased and resells the gift certificate at a discounted price, he/she may be punished by a certain percentage of profits.”

However, even if the defendant received investment money from the victim, he was planned to use it for personal purpose, such as repayment of personal debt, living expenses, etc., and there was no intention or ability to purchase the gift certificate with the investment money received from the victim and to pay the proceeds accrued from resale to the victim.

Nevertheless, on January 3, 2018, the Defendant, by deceiving the victim as above, received 860,000 won from the C bank account (Account Number: D) in the name of the Defendant’s name as investment, and received 860,000 won from the date and time to October 26, 2018, by deceiving the victim over a total of 27 times from the above date and time to October 26, 2018, and received 80,446,90 won in total from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 30, 2019, the Defendant made a false statement to the effect that “The investigation into a violation of the Credit Business Act has been conducted due to investment money, and a fine, administrative fine, etc. has to be paid,” by phoneing to the said victim at a place where it is impossible to know about it.”

However, in fact, the defendant was planned to use the money remitted from the victim for personal purposes such as repayment of personal debts and living expenses, the investigation of the defendant or the victim did not proceed, and there was no fine or fine for negligence imposed on the victim.

Nevertheless, the defendant deceivings the victim as above, and thereby treating the victim in a criminal case against the Cbank account (Account Number: E) in the name of the defendant around January 30, 2019.