A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around December 21, 2009, the Defendant made a false statement to the effect that “The Defendant would make an investment because there is good goods in gold life” to the victim C in the Republic of Korea, which is located in west-gu, Busan Metropolitan City.

However, the facts showed that the defendant had no intent to invest the above money in the gold Life, and that he received the above money from the defendant and used it individually.

As such, the Defendant, by deceiving the victim, received cash of KRW 20 million on the same day from the victim and acquired it by fraud.

2. On August 31, 2009, the Defendant talked to the effect that the victim C made an investment in future set up a securities account (Account Number D) with the securities account around August 31, 2009, and had the victim issued a cash card connected to the said account, and then came to know that the victim was unable to manipulate the cash withdrawal time with an old age, instead of the cash withdrawal time, the Defendant came to know that the victim was unable to do so.

On October 2009, the Defendant made a false statement to the effect that “the cash card should be arranged in relation to investment” to the victim at an unsound place.

However, the fact is that the defendant has transferred the victim's deposit to the defendant's account or received the cash card with the intent to withdraw in cash by using the above cash card, and there was no intention to adjust the victim's investment money by using the above cash card.

Around February 25, 2010, the Defendant: (a) by deceiving the victim; (b) obtained the said cash card from the victim; (c) transferred KRW 160,6160,000 from the securities account in the name of the Defendant to the pre-North Bank account in the name of the Defendant, using the cash withdrawal machines located in the Republic of Korea, west-gu, Chungcheongnam-gu, Seoul; and (d) transferred KRW 15,000,000 from September 8, 201, from that time to September 20, 201, or withdrawn the said cash card in cash.