A defendant shall be punished by imprisonment for not less than two months.

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

Punishment of the crime

On April 25, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Ulsan District Court, which became final and conclusive on May 3, 2013.

1. On September 26, 2011, the Defendant made a false statement to the victim F at the “E office after the withdrawal of No. 3 Station in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, to the effect that “E may pay a large amount of money to make an investment in the category sale business. If an investment is made in KRW 5 million, the Defendant would pay KRW 200,000 per day with profits.”

However, at that time, the Defendant did not engage in the factual clothes sales business and did not pay the profits by actual profits, but did not pay the profits by making investments from the principal and others, so even if he received investments from the Victim F, he did not have the intent or ability to pay the profits properly.

Nevertheless, as above, the Defendant, by deceiving the VictimF, received KRW 10 million (cash 6 million in cash, KRW 4 million in cash, and KRW 4 million in G account) from the victim. On October 14, 201, the Defendant received cash amounting to KRW 5 million in cash and acquired it respectively.

2. Around December 21, 2011, the Defendant introduced the Victim F to himself/herself at the G (State) I Office located in the Busan Seogu Office, Busan. The Defendant stated that “I will make an investment of KRW 3 million if it invests in KRW 2 million because it is operating a multi-city business,” and the said J again delivered the Victim F the Defendant’s horses to the Victim F.

However, at that time, the Defendant had no intention or ability to pay the proceeds properly, even if he received the investment from the Victim F because the Defendant did not operate his business and did not pay the proceeds with actual profits, and was trying to pay the proceeds as investments from the principal and other persons.

As above, the defendant deceivings the victim F and is 2 million won under the pretext of investment from the victim.