A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Around March 2007, the Defendant said that “A victim E, who had worked as the representative director of C, was aware of his employee D through an employee D at the cross-unclaimed restaurant located in Seocheon-si, Seocheon-gu, Seocheon-gu, Seoul, that “A large number of people are operating investment companies, making investments in our company, bringing a large amount of profits by making investments, and granting a loan for money, the Defendant would pay the interest on the third portion of the month in which the stocks are sold if the market price is low at the time when the stocks are sold and then the principal would be returned at any time if one talks in advance only before the month.”

However, it is not clear whether the profit from stock investment can be left due to the market price, and there is no intention or ability to pay the principal and the interest on the contract even if the defendant borrowed the money from the victim because it is difficult for the defendant to operate the securities market due to the invasion of the securities market at the time.

Nevertheless, the Defendant, as seen above, made a false statement to the victim and obtained a total of KRW 65 million from the victim on April 30, 2007, KRW 25 million on February 15, 2008, KRW 20 million on August 5, 2008, and acquired a total of KRW 65 million on August 5, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (the second and second examinations of the accused);

1. A statement of account transactions in the Agricultural Cooperatives and the National Bank;

1. Application of Acts and subordinate statutes on account transactions in agricultural cooperatives;

1. The grounds for sentencing of Article 347(1) of the Criminal Code of the pertinent statutory provisions on criminal facts [the scope of recommending sentence]: General Fraud No. 1 (less than KRW 100 million) and the basic area (six to one year and six months) / [Pronouncement Decision] and the victim provided an opportunity to demand repayment for several years without any significant amount of damage, so it is inevitable to sentence that damage recovery has not been performed.

However, the victim has contributed to the expansion of damage and the defendant has paid some interest.