A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case.

Punishment of the crime

Around September 3, 2007, the Defendant established and operated a stock company E (hereinafter “instant company”) aimed at mining 805 in Gangnam-gu Seoul D Building and manufacturing and selling related products by refining mineral products (hereinafter “instant company”), and around October 28, 2008, the Defendant recommended investment from the victim F around November 28, 2008, and was invested KRW 500 million from the victim around November 28, 2008.

The Defendant used KRW 200 million among the KRW 500 million received as above in December 2, 2008 for the payment, etc. of the employee pay, rent, etc. of the instant company, and failed to purchase money through H, i.e., personnel G of the said company by using only approximately KRW 300 million for the said company’s G and Africa experts, thereby failing to pay employee pay, rent, etc., so even if the Defendant received additional funds from the victim due to difficulties in managing the company, even if the Defendant received additional funds from the victim, he did not have the intent or ability to receive money and pay the funds to the victim twice a month.

Nevertheless, the Defendant did not notify the above victim of the failure of the investment in the above gold, and paid the victim the proceeds of KRW 20 million around January 2, 2009 and KRW 30 million around January 9, 2009 as if the gold business was successful, and the victim attempted to operate the gold trading business once every ten days in the original 10th day, and the victim suffered three months out of the expected other than the three months. The Russia will be able to make a second time in the month. The Defendant left the profit if it further invests in the amount of KRW 200 million, and the amount of KRW 50,000 among them would be returned first with the proceeds of investment. The Defendant obtained KRW 10,000 from the victim on January 29, 2009 and obtained KRW 150,000,000 from the victim on February 15, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The defendant's partial statement in the eighth trial records;

1. 3 times;