A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than two months for a crime set forth in the judgment of the court below.

Punishment of the crime

On October 15, 2008, the Defendant was sentenced to a suspended sentence of six months for violating the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Daegu District Court, and the said judgment became final and conclusive on October 23, 2008.

1. Around May 22, 2008, the Defendant, at the coffee shop located in the Yongsan-si, Simpo-si around May 22, 2008, concluded that “The Defendant, by investing KRW 1 billion in the city of Hongcheon-do, purchased the mountain ginseng cultivation site located in the Hongcheon-do, Gangwon-do, and cultivated and sold the mountain ginseng. When lending money, the Defendant sold mountain ginseng and then returned interest to the principal within six months.”

However, in fact, since around 2003, the Defendant was in bad credit standing and bears personal debt exceeding KRW 100 million, and even if receiving money from the victim, it was thought that such money was used for the repayment of personal debt and the payment of profits from the business investors in the past, and there was no intention or ability to return the principal and interest within the agreed period.

As above, the Defendant, by deceiving the victim as above, received 32 million won from the victim to the Agricultural Cooperative Account of Busan Ginseng Co., Ltd. on the same day.

2. On September 28, 201, the Defendant entered into a false statement that “Around September 28, 201, the Defendant would fully pay KRW 32 million prior to the lending of KRW 25 million to the said victim’s online game site,” on the ground that “Around September 28, 201, the Defendant borrowed KRW 25 million to the said victim’s online game site.”

However, in fact, since around 2003, the Defendant was a person with bad credit standing and bears personal debt exceeding 170 million won, and there was no intention or ability to repay the money received from the victim as money related to gambling.

As above, the defendant deceivings the victim and transfers 25 million won to the Agricultural Cooperative Account under the name of the defendant on the same day from the victim.