A defendant shall be punished by imprisonment for one year.

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

The Defendant, around December 23, 2016, at the office of the victim C located in the second floor of Seocho-gu Seoul Metropolitan Government, concluded on January 2017, 2017, that “it is undergoing the work of opening SBLC (credit) of USD 50 million to the victim in need of trade LC. When investing KRW 120 million in the fee for opening the LC, the Defendant would lend trade LC equivalent to USD 500,000 for six months until February 10, 2017. If it is impossible to lend the said LC by February 10, 2017, the Defendant would compensate for an amount equal to the amount of investment money within 15 days.”

In fact, the Defendant did not directly carry out the issuance of SBLC (credit) of USD 50 million and did not have any proper verification as to the possibility of its establishment, and did not have any intention or ability to lend trade LC equivalent to USD 500,000 to February 10, 2017. At the time, the Defendant did not have any intent or ability to compensate for the amount of the investment amount if he did not lend the above LC to the victim because he was only a debt of approximately KRW 1,000,000 without a certain occupation or property. The Defendant thought that the investment amount received from the victim was used for an individual purpose, such as personal debt repayment, etc.

As such, the Defendant, by deceiving the victim as such, received from the victim a total of KRW 120 million from the E bank account under the name of the Defendant’s (ju) bank account from December 23, 2016 to December 24, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. An investigation report (a written request to provide communications data and a report accompanied by a reply note);

1. The application of Acts and subordinate statutes governing investment contracts, business registration certificates, trade cards, details of each account transaction, inquiries about communications data, and individual entry or departure status;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act concerning the facts constituting an offense;