A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who purchases and sells a medium-sized computer, etc. with the trade name “D” in Jung-gu Seoul Metropolitan Government.

On June 2015, the Defendant stated to the effect that “The Defendant is running a business to collect and resell a closed mobile phone from the victim E” at the mutual influence restaurant located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and that “The Defendant is making an investment in the dividend.”

However, since the fact was urgent to pay off the debt to the existing creditors by way of preventing return, the defendant did not have any intention or ability to invest in the closed cell phone business even if he received money from the victim E, and there was no intention or ability to pay off the money from the closed cell phone business.

The Defendant, on July 28, 2015, received 30 million won from the victim E to the company bank account in the name of F, the Defendant’s wife, and, from around that time to April 25, 2016, acquired a total of 790 million won by receiving 32 times of money from the victim E, G, and H as investment funds or receiving money in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Each police statement protocol with respect to E and G;

1. The application of the transaction statement, the certificate of transfer verification, the transaction statement of H’s Saemaul Bank Account (J, K) transaction statement, G’s Account (L) transaction statement, M’s Nong Bank Account (N) transaction statement, and the law and regulations on the transaction statement under M’s name;

1. Relevant Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act (including fraud against victim E), Article 347(1) of the Criminal Act [Article 347(1) of the Criminal Act] for each fraud against victim G and H (including fraud against victim G), and each choice of imprisonment with prison labor];

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the most severe punishment) of the Criminal Code for the aggravation of concurrent crimes.