A defendant shall be punished by imprisonment for seven months.

Punishment of the crime

From July 2006, the Defendant: (a) attempted to gather elderly soil in the mine located in Chungcheongnam-gun, Ulsan-gun; (b) intended to sell raw materials or sell cosmetics using elderly soil; and (c) intended to invite other investors by receiving KRW 20 million as investment money from victims D; (d) however, the Defendant failed to perform its business because it failed to attract investors; (b) attempted to attract investors and continue to conduct its business through the incorporation of a legal entity.

On July 1, 2008, the Defendant stated that “When a juristic person is established, the U.S. Nuclear Headquarters, the Small and Medium Business Administration may attract funds, and may invite investors, and if a person does not recruit other investors, he/she will return money to the victim as it is without any absolute use of the money that he/she received from the victim until the end of the year.”

However, the Defendant did not have a plan to attract funds from Korea-U.S. headquarters, the Small and Medium Business Administration, etc. around that time, and even if there was no other investor’s investment, and there was no fund to operate the corporation, the Defendant did not have any intent or ability to complete payment even if he borrowed money from the victim.

Nevertheless, the Defendant, as above, received the money from the victim on July 2, 2008 and acquired the money from the victim.

Summary of Evidence

1. Legal statement to the effect that “the defendant has received KRW 54 million from the victim” in this court

1. Partial statement of witness D;

1. Statement of the police with D (No. 8), each of the annexed mining register (Evidence No. 8), passbook transfer without passbook, certificate of remittance (No. 2: 2:3 pages of investigation record), certificate of remittance (2: 24 pages of investigation record), certificate of transcript of register of the company (E No. 9 of evidence number);

1. D's complaint;