1. The defendant shall be punished by imprisonment for four months;

2. Provided, That 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

On November 4, 2013, the Defendant made a false statement stating that “AD’s “D” commander’s office operated by the Defendant in Gwangju North-gu, would establish a new private teaching institute in net order, leisure, electric poles, etc. In short, there is insufficient money. Once a private teaching institute is established, profits will be ensured if all students in Jeonnam and North Korea are able to take advantage of all the students in Jeonbuk-gu. When investing money, 8% per annum’s profits will be ensured, and the investment principal will be returned at the time of completion of the business.”

However, in fact, the Defendant was required to pay a fixed amount of KRW 10 million per month, but the monthly sales did not amount to KRW 10 million, and no profit was made. From around 2013: (a) around October of the same year, F, who was an instructor of the Defendant’s private teaching institute, has become difficult to operate the private teaching institute due to the decline of students in the wind to newly establish the same kind of private teaching institute in the vicinity of Gwangju Do Office; and (b) the Defendant has no particular property; (c) while the Defendant has a financial right to pay a total of KRW 60 million including loans of approximately KRW 29 million, the principal and interest of the company is difficult to be repaid. Accordingly, even if having received an investment from the victim, there was no intent or ability to refund the principal.

Nevertheless, the Defendant deceiving the victim as above and received 70 million won from the victim’s seat via the bank account (Account Number G) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to any financial transaction, fund investment contract, and list of individual rehabilitation creditors;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommending punishment according to the sentencing criteria: Imprisonment with prison labor for not more than one year;