The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

on January 2016, 2016, Goman made a false statement to the chemical room operated by the victim C in Eunpyeong-gu Seoul Metropolitan Government, stating that “In the Republic of Korea, there is a lot of exchanges with the people of the father-story in Gangnam-gu, Seoul. It is well known to the inside and outside of the Republic of Korea, leaving the privately placed building to pay the funds and profits. If you invest the money from the privately placed building, 12 percent per annum may be punished.”

However, in fact, the Defendant did not know of the regarding the establishment of the river basin or made investments to the private placement agency. At the time, the Defendant invested in the Bitcoin at the time, but failed to provide financial conditions. The Defendant did not have the intent or ability to make the victim gain a large amount of profits because he did not receive the said investment money from the victim and thought to use it for business funds and his family study expenses.

Nevertheless, on February 26, 2016, the Defendant received KRW 30 million from the victim with the account in the name of the Defendant Nong Bank under the name of the Defendant, KRW 70 million by the same method as on January 26, 2017, and KRW 30 million by the same method as on May 30, 2017.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Details of conversations;

1. A deposit certificate;

1. Details of transactions;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The scope of recommendations on the sentencing criteria [decision of types] the basic area [decision of the recommending area] types 2 (not less than 100 million won, less than 500 million won) (decision of the recommending area] and the basic area / 8 months to 4 years (the scope of recommending area / 1/3 of the lowest limit of the sentencing range shall be mitigated, since the type of a single crime, which is the most severe as a result of the addition of the amount of profit, is higher than that

2. Determination of sentence: One year, by imprisonment;