A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 4, 2012, the Defendant is an expert in the “F” office of the victim E operation in Busan Shipping Daegu D, and the victim is an expert in the coffee shop operation.

In order to invest KRW 80 million, the investment of KRW 400 million is expected to be made, and the investment of KRW 1.2 billion is 1.2 billion in total to operate the coffee shop in a stable manner, at least 5% per annum, and 30% of the shares in the coffee shop in KRW 1.2 billion.

“The phrase “ was false.”

However, the Defendant did not have any property to invest, and the Defendant did not have any intent or ability to procure the remainder of KRW 650 million except for the investment funds in G, even if it did not intend to receive 400 million from any other place except for the investment funds to receive 150 million won from G, and thus, it did not have any intent or ability to procure 650 million won from the investment funds.

The Defendant made a false statement to the victim, and entered into an investment contract with the victim, and entered into the same month.

5. The Defendant received the remittance of KRW 200 million to the new bank account (H) with the name of the Defendant, and received KRW 95 million to the said account on the 17th of the same month, and received the cash payment of KRW 100 million on the 26th of the same month, and received the remittance of KRW 40 million on the 31.5 million on the 31st of the same month, and received the remittance and delivery as investment money.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the witness E and G in the third public trial records;

1. Each legal statement of witness E, I and J;

1. Each protocol concerning the examination of suspect against the prosecutor and the accused in the preparation of the police;

1. A certificate of K preparation;

1. Application of Acts and subordinate statutes of investment contracts, each record of recording (Evidence Nos. 14-3, 26, 48);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for conviction under Article 62-2 of the Criminal Act of the community service order;

1. The Defendant and the defense counsel alleged that the Defendant did not engage in deception, such as the facts charged, or did not relate to the act of deception and the act of disposal.

2. Determination

A. The deception as a requirement for fraud is widely related to the transaction of property.