A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

【Criminal Records】 On July 25, 2012, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Eastern District Court, and the said judgment became final and conclusive on February 19, 2013.

【Criminal facts” from May 2012, the Defendant: (a) in the first instance court office in Gwanak-gu, Seoul Special Metropolitan City, the Defendant paid 20% of the investment profits to the victim E when investing in operating food waste disposal equipment business; and (b) the payment of the investment funds was made by means of making daily payments of the amount equivalent to 4% of the investment principal.

However, in fact, since the food waste treatment business that the Defendant was running was not exempt from the deficit due to low sales, there was no way to prepare the principal of investment or profits to be paid to the investors, and thus, in order to pay the agreed investment earnings, it was not bound to return the money received from other investors, which was paid to the existing investors. Therefore, even if the Defendant received money from the victim as the source of investment, it did not have the intent or ability to pay the profits promised to the victim.

Defendant deceiving the victim as above and received a cash of KRW 10 million from the victim on May 23, 2012 as investment money from the victim, as well as from that time to June 21, 2012, the Defendant obtained a total of KRW 70 million as investment money in the attached Table from that time, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Statement made by the police for E;

1. A copy of a loan certificate, a copy of a certificate of custody of each goods, and a business registration certificate;

1. Details of each account transaction;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, each written judgment, the current status of personal confinement, and investigation report (verification report of the period of suspension of execution of suspect punishment) to statutes;

1. The relevant legal provisions and choice of punishment concerning facts constituting the crime;