A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On October 30, 2013, the Defendant made a false statement to the victims C, stating, “A factory is operated by the Korea Industrial Complex in Ulsan-si, Ulsan-si, Ulsan-si, and an amount of KRW 20 million is paid KRW 2.5 million as monthly salary for three months, and then divided profits arising from the factory.”

However, the Defendant, at the time of operating a factory with the trade name of “D”, had no intention or ability to pay the victim profits and monthly wages normally even if the Defendant received KRW 20 million from the victim as investment funds, because he/she had a circumstance where he/she purchased a construction tool with a volume of KRW 23 million on credit and is liable for a debt equivalent to the same amount.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 12 million from the victim on the same day, KRW 5 million from November 6, 2013, KRW 3 million from the police officer on November 1, 2013, and KRW 20 million from the victim.

2. Around December 10, 2013, the Defendant concluded that, within the Ulsan-gun, Ulsan-si, Ulsan-si, the victim C, “I would immediately repay the amount of KRW 5 million if I would like to purchase the company’s tools.”

However, the defendant did not have an ability or intent to pay money normally even if he borrowed money from the victim, because he had an obligation to pay money in 23 million won due to credit transaction at the time, and is liable for the above profit and benefit to the victim.

Nevertheless, the Defendant, as above, was accused of the victim and received five million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes on deposit;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no criminal history of the same kind of punishment, and the fact that the victim does not want the punishment of the defendant by agreement with the victim);