A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

After having become aware of the victim D at the briefing session in 2008, the Defendant sought the fact that the victim incurred losses by investing in the multi-stage business in the multi-stage business from the damaged person, that the Defendant would compensate the victim for the loss.

The purpose of deceiving money was to acquire money by deception.

On August 2009, the Defendant made a false statement to the victim in the vicinity of the victim’s residence in Kimhae-si, Kim Jong-si, stating that “The Defendant would have invested KRW 40,000,000 that incurred losses by investing in a multi-level business entity, to invest in money from the Guate to the victim.”

However, even if the Defendant received money from the injured party, the Defendant did not have the intent or ability to compensate the injured party for the amount of KRW 40,000,000 by investing the said money in other businesses. The Defendant was thought to have repaid the Defendant’s obligation with the said money.

However, on August 18, 2009, the Defendant deceivings the victim as above and received KRW 12,000,000 from the Defendant’s agricultural bank account in the name of the Defendant around August 18, 2009, and acquired KRW 167,790,000 in total on 15 occasions under the name of investment and loan, such as the statement in the list of crimes, from March 16, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the details of transactions of free savings deposits, details of transactions of the CMA account, details of transactions of savings deposits, details of transactions of savings deposits, and details of transactions of deposits and withdrawals (e.g. passbooks);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is that the defendant repents in depth and reflects his mistake, there are some circumstances to consider the motive and circumstance leading to each of the crimes in this case, and the defendant has agreed with the victim.