A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

On August 28, 2018, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for a violation of the Road Traffic Act at the Seoul Southern District Court on August 28, 2018, and the judgment became final and conclusive on September 5, 2018.

1. On October 2016, the Defendant made a false statement to the victim E (the age 41) (the age 100 million in the course of operating a tax-free petroleum business) that “if the Defendant invests in the amount of KRW 100 million in the amount of tax-free petroleum business, he/she may bring about a shortage of money for two months and receive money for three months. The Defendant sold KRW 100 million from KRW 70,000 to KRW 80,000,000.”

However, even if the defendant received money from the victim, he was thought to use it as personal debt repayment, living expenses, etc., and did not actually engage in the tax-free business, so the victim did not have the intent or ability to pay the principal and profit.

As above, the Defendant, by deceiving the victim, received money from the victim on October 20, 2016, totaling KRW 50 million on October 24, 2016, and KRW 50 million on October 24, 2016, and acquired money from the victim through a single bank account in the name of D.

2. On November 15, 2016, the defrauded made a false statement to the effect that “for a tax-free business, money should be returned” to the victim at the mutual infinite coffee shop located in the Incheon Yongsan-dong, Incheon, and that “The Defendant would return the principal to the victim within ten (10) days if the dumped oil was deducted from G and the sales proceeds were golded. 10 (10) days if the payment was made profits, and the expenses were incurred.”

However, even if the defendant received money from the victim, he/she thought that he/she will use it as personal debt, living expenses, etc., and did not actually engage in the tax-free business, so he/she did not have any intent or ability to repay the money borrowed from the victim.

As above, the Defendant, by deceiving the victim, received on November 21, 2016, KRW 25 million from the victim to the one bank account (F) in the name of D.

Summary of Evidence

1. The defendant;