A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

On April 1, 2009, the Defendant was the actual operator of D, and the said company obtained conditional permission for casino business rights for foreigners only, but did not deposit USD 1 million, which is the agreed deposit money, into the designated account until the 16th of the same month, and failed to perform the contractual terms and conditions within 3 months, such as failure to complete the casino room construction work within 3 months, etc. The said permission was revoked around July 2009, and there was no separate acquisition of casino business rights for foreigners only in the Philippines around September 2009, which was around the time of receiving investment from the victim E.

Nevertheless, on September 4, 2009, the Defendant, at the victim’s house located in Seongbuk-gu, 201-205, 201-205, saying, “When investing 300 million won in the Republic of the Philippines, the Defendant shall recognize 1% of the shares and pay dividends corresponding thereto when investing 300 million won in the Republic of Korea,” was transferred from the victim’s seat to the foreign exchange bank account in the name of the said company. On September 23, 2009, the Defendant received KRW 50 million from the victim to the foreign exchange bank account in the name of the said company. Around September 23, 2009, the Defendant received the registration of ownership transfer in the name of H, the Defendant’s child’s child, and received KRW 50 million in the market value of the said company G forest located in Bosung-gun-gun, the amount equivalent to KRW 20 million from October 12, 2009 to the said foreign exchange bank account.

As a result, the defendant deceivings the victim, and obtained 120 million won as investment money, and acquired it by fraud.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. The statements of witnesses E and I in the second protocol of the trial;

1. Application of each statute stated in the contract for agreed investment, copy of passbook, certified copy of copy of register, business opening statement, and consultation note;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Election of Imprisonment;

1. The will of the criminal intent to acquire the criminal defendant under Article 62(1) of the Criminal Act.