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

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

Punishment of the crime

From around March 2010 to March 201, the Defendant, along with the victim C and D, operated the “F” factory in Daejeon Daejeon Tae-gu E.

1. Around March 29, 2011, the criminal defendant against the victim C told the victim C to be “F” at the above “F” plant, stating that “When investing KRW 20 million in an amount of KRW 400,000 per share, 12 million per share may be punished.”

However, the defendant did not have received the money from the victim, and even if he received the money from the victim, he did not have the intention or ability to pay the profit to the victim by participating in the private horse.

The Defendant, by deceiving the victim, received KRW 20 million from the victim’s Agricultural Cooperative Account (Account Number: G) in the name of the Defendant.

2. The Defendant, in relation to the victim D, displayed the passbook of KRW 9 million deposited to the victim D in the above “F” plant on April 201, 201, and saying, “If it invests KRW 20 million in the private horse, it may punish KRW 4 million per share if it invests KRW 4 million per share in KRW 4 million and KRW 45 million.”

However, the transaction details of the passbook was not the money that the defendant acquired through the private horse, and even if the defendant received money from the victim, he did not have the intent or ability to pay the profit to the victim by participating in the private horse.

The Defendant, as such, by deceiving the victim, received delivery of KRW 25 million from the victim on April 21, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Investigation report (the counter telephone investigation of the complainant D);

1. Application of a detailed statement of savings deposit transactions (A), and a copy of a bankbook;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act: