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

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

Punishment of the crime

Around July 2013, the Defendant made a false statement to the effect that “The Defendant would distribute the profits on the face of borrowed money because of the lack of funds to purchase and sell the borrowed money in the middle and high-speed sales business” to the victim D.

However, at that time, the Defendant had a debt amounting to KRW 80 million, and due to business depression, the Defendant had a deficit amounting to KRW 4 million per month. The intent was to use the money received from the injured party as the name of office expenses, loan repayment, etc. Therefore, even if borrowing money from the injured party, the Defendant did not have an intent or ability to purchase and sell the used money and distribute the profits to the injured party.

Nevertheless, the Defendant: (a) deceiving the victim as above; (b) KRW 1 million around August 5, 2013 from the victim; (c) KRW 12 million around the 27th day of the same month; and (d) the same year from the victim;

9.2. Around February 1, 200,000 won, around 3.5 million won on October 24 of the same year, around 26th of the same month, around 2.0 million won on the 26th of the same month, and around 300,000 won on the 30th of the same month, was remitted to a post office account under the name of the Defendant.

Summary of Evidence

1. Defendant’s legal statement

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A report on investigation into the police statement protocol with D (a defendant's E-mail statement);

1. On October 4, 201, the Defendant was sentenced to a suspended sentence of two years for embezzlement at the Jung-gu District Court on a six-month period, and the judgment became final and conclusive on April 13, 201 (hereinafter “first-year criminal record”), and again, on November 26, 2014 at the same court, one year and six months were sentenced to imprisonment for fraud, etc., and the judgment became final and conclusive on April 2, 2015 (hereinafter “second-year criminal record”). However, the crime of second-year criminal record was committed prior to the date of the final judgment of the first criminal record (on April 13, 2012), and the crime of this case was committed between September 13, 201 and the date of the final judgment of the first criminal record (on September 10, 2011, between the date of the crime and September 10, 2011 to December 10, 2013).