The defendant shall be exempted from punishment.

Punishment of the crime

[criminal power] On June 13, 2018, the defendant was sentenced to seven years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court, and the judgment became final and conclusive on June 13, 2018.

Around December 8, 2015, the Defendant: (a) operated a travel company with the trade name “Co. B” in French land around December 8, 2015; (b) operated the company in the so-called “B” way to receive investments from various persons and pay them to different investors; and (c) did not have any intent or ability to pay the principal and earnings as investment funds from the victim C; (d) through D, the Defendant purchased a large amount of airline tickets to the victim C, and thereafter would make profits of 11-14% if they are sold. Around August 25, 2016, the Defendant acquired KRW 67 million in total from the victim’s account under the name of the Defendant, including the receipt of 6.7 million won in total from August 20, 2016 to 11-14% if they are sold. In investing money, the Defendant acquired the amount of KRW 30 million in total from August 25, 2016.

[Fictitious Acquisition of Criminal Proceeds] On August 25, 2016, the Defendant plans to the effect that, while committing the above fraud with the victim C around Busan (hereinafter referred to as "the Defendant was committing the above fraud, he/she would return to the account in the name of E, an owner of the money, if the money is short of the money, he/she would return the investment money to the account in the name of E, which is the owner of the money." Accordingly, the Defendant’s friendship E, who was transferred money to the E account in the name of E for travel, and who was not the Defendant, would have acquired the money. Accordingly, around August 25, 2016, the Defendant immediately transferred KRW 30,000,000 from the victim C to the account in the name of E (G) account in the name of the victim C, which is the borrowed account, to return the money to the so-called "investment gold."