Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On August 26, 2009, the Defendant was sentenced to one year of imprisonment with prison labor for six months at the Seoul Central District Court, and the said judgment was finalized on September 3, 2009. On October 20, 2009, the Defendant was sentenced to one year and two months of imprisonment with prison labor at the Seoul Central District Court, and the said judgment became final and conclusive on December 11, 2009.

Around May 2007, the Defendant made a false statement to the victim D that “We know that our company has promising KOSDAQ companies. When receiving money from our company, the representative of the company will act on behalf of the company and return profits equivalent to 30% of the principal and principal after three months from the date of the company’s investment. The company’s shares are in the process of soliciting investors to invest in the shares equivalent to 1.2 billion won, and at least KRW 1.2 billion is currently being recruited. Although the company’s shares are not originally 30 million, it would receive KRW 15 million,000,000 as the introduction was made.”

However, in fact, the defendant's company was unable to create profits from the imported tobacco sales business, and the plan to purchase the shares of the listed company was not promoted, and there was no intention or ability to pay profits even if it receives investment funds from investors such as the victim and receives allowances from other investors.

The Defendant, as such, by deceiving the victim, received KRW 15 million from the victim as investment money around May 2007.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previouss before and after judgments: Criminal history records, six copies of the judgments, previous rulings, and application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.