A defendant shall be punished by imprisonment for one year.

Punishment of the crime

C was prepared to operate a e-art club after acquiring the e-art club of the Gu, which is located under 101 under the ground of the building D, after changing the trade name to the e-art club, and the Defendant was prepared to operate the e-art club. As the e-mail "business president" of the above e-art club, the Defendant and C needed approximately KRW 800,000,000 for the operation of the e-art club, and even if they did not own funds, the Defendant recruited investors and planned to operate the e-art club by raising them.

Around May 25, 2012, the Defendant and C made a false statement to the victim G on May 25, 2012, stating that “The amount of funds for opening and operating the club is required to be total of KRW 800 million, and KRW 400 million was already paid, and the remainder of the operating funds is required to be KRW 400 million. If an investment is made in KRW 160 million, 20% of the shares of the age club would be 20 million, and if this is an excessive share, 20 million per month may be earned.”

However, in fact, C was a person with bad credit standing, and since there was almost little personal funds held by Defendant and C, the money needed for the security deposit and operation fund for the lease of the above club was possible to be invested from investors, such as the victim, but there was an infinite situation among investors. At the time of the investment from the victim, 40 million won was not paid at the time of the investment from the victim. Therefore, even after receiving money from the victim as a monetary investment, C did not have the intent and ability to return the investment money to the victim.

In collusion with C, the Defendant, as well as receiving KRW 100 million from the victim by deceiving the victim by the aforementioned method, received KRW 40 million from the victim, around June 7, 2012, the Defendant received KRW 40 million, around June 19, 2012, around June 21, 2012, and around June 21, 2012, received KRW 90 million, and KRW 4.8 million, around June 28, 2012.