A defendant shall be punished by imprisonment for six 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

Around December 25, 2013, the Defendant and D conspired with the victim in G coffee stores located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City on December 25, 2013, D concluded that “If the victim wants to grow a huge amount of money underground, D is paid a tax on a certain portion of the money to grow up if it is to a person with the financial capacity of KRW 3 billion in order to grow a huge amount of money, D may bring up underground funds to the victim C. In relation to the above business, the Defendant excluded the funds that may be invested to an amount of KRW 3 billion in connection with the above business, and made an investment to an amount of KRW 40 million if the said funds are raised, it is necessary to pay the said funds.” The Defendant stated that “D is able to believe that it is, and made an investment.” If it is wrong, D will pay the money if it was paid.”

However, in fact, there was no substance in the underground fund-raising project that the Defendant and D promoted, and there was no out-of-the-counter funds that can invest KRW 3 billion, and even if receiving money from the above victim, it was thought that it will be used for the personal purpose, such as repayment of the Defendant and D’s debt, and there was no idea to invest in the project, and there was no asset in the name of the Defendant and D, so there was no intention or ability to repay the money transferred from the above victim as above.

Nevertheless, the Defendant and D falsified the said victim’s false statement to the said victim’s financial account in the name of H, designated by the Defendant and D on the same day, with KRW 10 million, and the sum of KRW 30 million,00,000,000,000,000 to the agricultural bank account in the name designated by the Defendant and D around January 6, 2014.

Summary of Evidence

1. Each legal statement of the defendant and D (the second court date);

1. Examination protocol of the suspect with respect to the defendant and D (including H and C substitute part);

1. Examination of suspect of H by the prosecution (including the C substitute part);

1. Application of the police protocol law to C

1. Relevant Article 347(1) and Article 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.