A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

The defendant is a person who operated B as an investment agency company B.

On November 25, 2016, the Defendant called the victim C at an unsound place and paid the proceeds equivalent to 2.5% of the investment amount to real estate and returned the principal after three months by paying the proceeds corresponding to 2.5% of the investment amount every month when the Defendant invested funds to the Company B.

In fact, the Defendant did not receive a return of the investment money that was invested in the real estate-related company by attracting other investors. As such, the Defendant had the intent to use the investment money received from the said other investors as a so-called “defensive” or return the investment money, or as a personal usage, such as the Defendant’s living cost, and there was no particular property or income. Therefore, even if the Defendant received the investment money from the victim, there was no intention or ability to guarantee the profits promised and the principal.

The Defendant received from the victim the money of KRW 30,60,000 from the victim to the D account (E) in the name of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant F of the witness F in legal capacity;

1. Some statements of each police suspect interrogation protocol against the accused;

1. Statement made by the police on the victim;

1. Each statement of investment agreement, D transaction statement, list of investors, petition form, and copy of the application form for membership [Judgment on the Defendant’s assertion of denial of crime];

1. The basic facts acknowledged based on the foregoing evidence are as follows. A.

Before August 2016, F, which operated G Co., Ltd. (hereinafter referred to as “Nonindicted Company”), an investment company (hereinafter referred to as “Nonindicted Company”), purchased the H house from the owner of the building at two weeks after the new construction is suspended due to the lien, and upon completion of the building by cancelling the lien, profits can be paid by sale and lease.

The amount of the funds required therefor shall be KRW 60 million, which is KRW 500 million.