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

except that 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

On May 201, the Defendant made a false statement to the victim C, a company partner of B, through prior ship B, stating that “In the event of lending money to make a stock investment, 15% interest per month shall be paid, and even if losses are incurred, the principal shall be paid.”

However, in fact, the damages amounting to KRW 100 million from the stock investment in the past one year, and the damages were incurred as a result of continuing the investment of stocks in the futures option with a high risk, and the bonds increase and the interest thereon was not paid, and the bonds were paid by the bond company. In other words, there was no intention or ability to pay the principal or interest even if receiving money from the victim because there was no economic difficulty, such as being listed in the past Samsung Card company as a bad credit holder who was unable to repay the debts incurred to the Samsung Card company without any property.

Nevertheless, the defendant deceiving the victim as above and stated in the indictment on June 1, 201 from the victim as of June 1, 201, but it is clear that it is a clerical error in the written indictment on June 1, 201, and KRW 20 million on June 1, 201, and KRW 10 million on June 23, 201, and the same year.

7.7. 20 million won, 10.1 million won for the same month, 18.1 million won for the same month, and the same year;

8. 10.5 million won and the 3.5 million won on the 12. 12. of the same month, a total of 60.5 million won was received and acquired by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol on the accused and B;

1. Statement to C by the police;

1. Determination as to the assertion by the accused and the defense counsel

1. The defendant and his defense counsel asserted that the defendant did not have any criminal intent to acquire the defendant, since he was merely informed of the defendant's sufficient risk and received investment from the victim.

However, at the time of receiving money from the victim, the defendant had already been in an economically difficult situation as stated in the facts of crime, and the defendant bears part of the money received from the victim.