A defendant shall be punished by imprisonment for not less than eight months.

except that 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, from the victim C, received each payment of KRW 50 million on June 12, 2007, and KRW 25 million on September 10, 2007, respectively, in the name of investment in the “E restaurant” (hereinafter referred to as “E restaurant”) operated by the Defendant’s mother, D, the Defendant’s mother.

Around January 1, 2009, the Defendant agreed that the said victim shall pay 680,000 won interest per month and refund 45,000,000 won principal until December 31, 2010. The Defendant received additional payment from the said victim on June 15, 2009 for the purpose of investing in E-cafeterias.

피고인은 2009. 7. 초부터 2009. 7. 8.경까지 전화 또는 위 피해자가 근무하는 서울 서대문구 F 소재 G병원으로 직접 찾아가 위 피해자에게 "지금하고 있는 E 식당이 잘 되고 있고, E 식당 매장을 하나 더 내려고 준비 중인데, 지금 하는 E 식당의 떡볶이 설비자금과 새로 오픈 준비 중인 E 식당 개업자금으로 4,000만 원이 필요하다.

If more than 40 million won is invested, the investment profit amount of KRW 80,000 per month shall be paid additionally, and the investment principal of KRW 40 million shall be paid up to July 31, 2010.

“.........”

However, at the time, the Defendant was liable for the repayment of the existing investment principal of KRW 5 million to the said victim (i.e., the principal of KRW 45 million under the settlement agreement of January 1, 2009) and the Defendant was liable for the total amount of KRW 700 million to other investors, such as H and I, as well as the repayment of investment principal of KRW 15 million, and the financial institution obligations, and the interest on each of the above obligations was not fully repaid. Therefore, even if the said victims received an additional investment, there was no intent or ability to return the principal as agreed upon.

Nevertheless, as above, the defendant deceivings the above victim and belongs thereto from the above victim on July 8, 2010.