A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[Majority Opinion] On December 23, 2016, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daejeon High Court on December 23, 2016, and the judgment became final and conclusive on December 31, 2016.

[2] On January 25, 2015, the Defendant published the books of “D” to the victim at a trading office in the middle- and high-speed shop for the victim C’s operation in Daejeon-gu Daejeon-gu, Daejeon-gu, and came to be a teaching library. The Defendant published the books of “D” to the victim, and published the articles of “D” to the Plaintiff, which was published in the Joseon Japan-gu, and the European market.

At this time, the revised edition shall be deposited 30 million won in the printing office within three days.

Since a contract is already entered into for delivery to the government offices, sales proceeds are deposited within 10 days after delivery, so if the printing cost is lent, it will be repaid until February 10, 2015.

The phrase “ makes a false statement.”

However, in fact, since from around 2012, the Defendant had been operating an incorporated association E by guaranteeing a high rate of dividends without any separate revenue and receiving a part of the investment money as a dividend to the existing investors, and thus, it was difficult to accumulate the debt without any profits. The fixed schedule for publication of the book was uncertain, and the settlement was made on a monthly basis in the settlement structure of the book distribution industry. On the other hand, the Defendant did not have the ability to make up for the short-term change even if he borrowed dividends from the injured party, because it was the situation where the cash should be immediately paid to the investors.

Around January 26, 2015, the Defendant deceivings the victim as above and was transferred KRW 10 million to the Agricultural Cooperative Account (Account Number:F) in the name of the Defendant from the victim on the pretext of borrowing money from the victim, and KRW 20 million around January 27, 2015.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of separate transactions during the period of receipt; and