Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

On August 20, 2014, the Defendant was sentenced to six months of imprisonment for fraud in Busan District Court's Dong Branch branch branch, and completed the execution of the sentence on February 16, 2015.

On November 2016, the Defendant, at the end of Busan Shipping Daegu building and the (main state) D office in the operation of the Defendant, indicated that “FY G and advertising use facilities contract is concluded with the victim E” (FY G and advertising use facilities contract. FYYGGG G and advertising use facilities contract. The FYGGGG project gains a total of KRW 700 million per annum, and if it invests money, it would pay KRW 200 million per annum as profits and guarantee principal.”

However, in fact, the above "the confirmation source of the qualification for commercial advertisement in the open-gu" is merely a sampling document and thus has no legal effect, and the defendant did not have entered into a contract with G for the use of advertising facilities. While (D) at the time did not have any particular profit, it was thought that it would be used for another purpose, such as repayment of personal debt, even if he received an investment amount from the victim because it is extremely difficult to do so, and thus, there was no intention or ability to repay the investment amount.

Nevertheless, the Defendant, as such, by deceiving the victim and then deceiving the victim from the victim on December 29, 2016, received the total of KRW 140 million, including KRW 140 million, around January 5, 2017, and KRW 280 million, including KRW 140 million, from January 5, 2017, from the victim to the corporate bank account under the name of D as investment money.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Protocol concerning the examination of suspect of H by the prosecution;

1. Each police statement to E, I, and J;

1. Each investigation report (written statement by a complainant, review of details of entry and departure transactions, and attachment of such report);

1. The agreement form, the confirmation source of commercial advertising qualification in the open-gu, the status of the Dsports Group, the copy of the passbook D (corporate bank), the K deposit transaction details, and reference materials.