A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant, around May 2013, at the office located on the fourth floor of the Dong-gu Seoul Metropolitan City building C in Goyang-gu, Manyang-si, and even though the defendant did not have an intent or ability to pay the victim D earnings, he/she will make an investment of KRW 20 million in the victim's "if he/she made an investment of KRW 20 million in the commencement of the Internet business, he/she will make a profit of KRW 3 million in the month from

“Along with the end of this month, the member was transferred from the damaged party the sum of KRW 1,300,000 on June 3, 2013 to the Defendant’s new bank account (F) with the Defendant’s father E’s new bank account (F) and KRW 1,300,000 on June 18, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. A copy of a bankbook, details of account transactions, and copy of the judgment (No. 2014, No. 1842) applicable to the statutes;

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

1. Determination as to the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 201

1. 주장 피해자가 직접 ‘ 짱구게임’ 을 통한 인터넷 게임 사업을 하였고, 피고인은 이를 도와 주었을 뿐이다.

In other words, the defendant did not receive investment from the injured party on the condition of paying the profits, but used for the injured party with the cost of the business in the process of assisting the injured party's business.

2. Determination

A. In this court, the victim said that “(i) the Defendant invested KRW 20 million in a friendly victim and G, etc., with the Defendant’s help, the amount of KRW 3 million per month was 3 million. ② G decided to conduct the Internet game business with the Defendant’s help and prepared a separate place of business on the lower floor below the Defendant’s office. In the process, the victim transferred KRW 5 million to the Defendant’s father E’s account on June 1, 2013 upon the Defendant’s request, the victim transferred the amount of KRW 5 million used as the office rent deposit to the Defendant’s father E account. ③ After the victim, the victim will invest the Defendant in the Internet game business.