A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. On February 2, 2012, the Defendant stated that “Around February 2, 2012, the Defendant would give the victim the victim an investment in NV, operated by the victim K in Southern-gu, Busan, to operate the aggregate extraction business in the Southern-gu, Busan, and if the Defendant invested 50 million won in the Republic of Korea while operating the aggregate extraction business in the Chungcheongnam-gu, Chungcheongnam-gu, Busan, the Defendant would pay 3 million won monthly dividends and return the principal to the victim after one year.”

However, in fact, the Defendant did not reach an agreement on the terms and conditions of investment or the allocation of profits with G, which operate an aggregate extraction business under the name of “F” in the Gyeonggi-do business, and did not have any intent or ability to invest the investment funds received from the victim in relation to the aggregate extraction business, and there was no intent or ability to pay the principal of investment or profits to the victim.

The defendant received 50 million won from the victim as investment money from the seat and acquired it by money.

2. On February 27, 2012, the Defendant stated that “Around February 20, 2012, the Defendant, at the place indicated in paragraph (1), “Around February 20, 2012, it would give the victim an opportunity to develop tinsan under a pain Decree, which would be good if the investment is made, and KRW 5 million would be a profit dividend if the investment is made.”

However, in fact, since the development of Simsan was in the state of suspending it as a civil petition by residents from June 201, the defendant had no intent or ability to make an investment in relation to Simsan development even if he/she received an investment from the victim, and there was no intention or ability to pay the investment principal or profit to the victim.

On February 27, 2012, the Defendant received 100 million won from the victim as investment money and acquired it by deceit.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of K;

1. Statement of remittance transaction (51 pages of evidence);

1. An investigation report (a report on confirmation of the result of a lawsuit demanding temporary injunction against construction works) and an investigation report (a report on investment funds and a report on confirmation of the status thereof, etc.);

1. Application of the Acts and subordinate statutes to the complaint;

1. Criminal facts;