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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From September 2009, the Defendant and C invested funds to the Defendant, and C was in charge of purchasing and exporting used cars, etc., which was operating a used cars trading business. On September 2010, the Defendant and C, as the used cars trading company was closed down around September 2010, sentenced the Defendant to receive investment money by deceiving other investors in order to recover the money invested by the Defendant.
On October 29, 2010, the Defendant made a false statement to the victim E at the Defendant’s house located in Busan Dongdong-gu Down-gu 403, that “C has used to purchase used cars and sell them to foreign countries, and if it has invested KRW 35,00,000, it would pay 7% of the profits every 45 days if it invests KRW 35,000.”
However, in fact, the Defendant and C had already closed down a used vehicle sales company that had been operated until September 2010, and even if having received investment funds from the victim, it was thought that they would be used to repay the principal and interest of investment to the previous investors including the Defendant, but did not intend to use it as a used vehicle purchase fund. C had no ability to pay the principal and interest of investment normally to the victim by reaching KRW 40,000,000, credit card overdue charge amounting to KRW 40,000.
Nevertheless, the Defendant and C received 35,000,000 won from the national bank account (Account Number G) in the name of F as investment money from the victim by deceiving the victim as such, and received 129,000,000 won from around that time to May 6, 201.
Accordingly, the defendant was given money from the victim by deceiving the victim in collusion with C.
Summary of Evidence
1. Each part of the witness E, F, and C;
1. Partial statement of the suspect interrogation protocol of each prosecution against the accused (including the E statement section);
1. Some statements concerning C among the suspect interrogation records of each police station;
1. Each prosecutor’s statement concerning C and F.