A defendant shall be punished by imprisonment for six 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

[criminal power] On June 21, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Daegu District Court, and the said judgment became final and conclusive on September 28, 2012, and on February 7, 2013, the said judgment became final and conclusive on March 5, 2013, by having been sentenced to ten months of imprisonment for a crime of fraud, etc. by the same court.

【Criminal Facts】

On December 13, 2011, the Defendant made a false statement to D and the victim E at the coffee shop of the Daegu Suwon-gu C, stating that “I would return all profits and principal after two months, if I purchase the employee shares of KRW 30 million, the total amount of income and principal will be returned to I would return. I would return the shares of KRW 100,000,000.”

However, in fact, the employee stocks of the Daegu Broadcasting Co., Ltd. (TBC) could not be purchased by family members or not. The Defendant thought that the employee stocks of the Daegu Broadcasting Co., Ltd. will be used as the personal debt repayment for the Defendant’s personal debt, and even if the Defendant received money from the victim, the Defendant did not have the intent or ability to purchase the TBC stocks of the TBC as promised

The Defendant, as such, by deceiving the victim as such, received KRW 30 million from the victim as a share investment deposit around December 14, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A complaint;

1. Certificates of remittance, certificates of confirmation, and photographs of text messages;

1. Previous records of judgment: Application of criminal history records, copies of written judgments, investigation reports (date of confirmation of the same criminal conduct against a suspect, date of release, and copies of each written judgment attached thereto);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act shall be obtained by fraud.