A defendant shall be punished by imprisonment for four 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

The Defendant was trying to operate the “D” in Seongbuk-gu Seoul Metropolitan Government C.

On November 8, 2010, the Defendant: (a) entered into a lease agreement with the victim G to use for five years a deposit of KRW 120 million, down payment of KRW 32,500,000,000; and (b) received KRW 32,50,000 from the victim as down payment.

However, in fact, although the Defendant leased the aforesaid crowdfunding from the representative director I of H, a building owner, the Defendant was unable to pay the intermediate payment and the balance under the lease agreement with I due to the lack of funds held by the Defendant, and was in a situation where the securing of funds was inappropriate from those who were in a joint operation of the said database. Therefore, even if the Defendant received the down payment, etc. from the victim, he did not have the intent or ability to act for the victim.

Nevertheless, the Defendant, by deceiving the victim as above, acquired 32.5 million won from the victim.

Summary of Evidence

1. Protocol concerning the examination of each police suspect against the defendant or F;

1. Each police statement made to G and I;

1. A notarial deed, a contract (fluoride), a detailed statement of deposit of down payment, and a notarial deed;

1. Lease contract;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that the victim does not want to be punished any longer by the defendant after recovering partial damage to the victim);