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

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

On October 201, the Defendant made a false statement to the effect that he would make a high profit if he/she invests money because he/she purchased golf membership owned by the Asset Management Corporation, government bonds, etc. to the victim D through his/her house in Songpa-gu Seoul, Songpa-gu, Seoul.

However, there was no idea that the defendant would purchase the assets sold by the Asset Management Corporation, and there was no intention or ability to pay the profits normally even if he received the money from the victim because he thought that he would be paid the previous investors as the proceeds and principal.

As above, the Defendant, by deceiving the victim as above, through the above C, obtained 90 million won from the victim, including KRW 25 million on October 20, 201, KRW 25 million on the 25th of the same month, KRW 5 million on September 5, 19 of the same month, KRW 10 million on the 10th of the same month, KRW 25 million on the 10th of the same month, and KRW 10 million on the 11th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. The entry of the accused in C or D of each protocol concerning the examination of suspect by the prosecution;

1. Each statement made by C in relation to the defendant during the fourth, fifth, and sixth police interrogation protocol;

1. Protocol concerning suspect interrogation of C;

1. Statement of each police statement of D and E;

1. C’s statement;

1. Application of statutes to each statement of complaint, certificate of transfer transaction, certificate of borrowing, police seizure, statement of account transaction, and statement of account transaction;

1. Article 347 (1) of the Criminal Act comprehensively including relevant provisions concerning the facts constituting an offense and the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2(1) of the Social Service Order Criminal Act [Determination of Punishment] means the reason for the sentencing of Article 62-2(1) of the Social Service Order Act [Special Punishment] below KRW 100 million [Special Punishment] - [Determination of the recommended area] mitigated area / [Determination of the recommended area] mitigated area / [The scope of recommendation] 1 month to 1 year [general imprisonment] [whether or not the sentence is suspended] - Major reasons for the reduction / The reason for the suspension of punishment is positive. The reason for the general participation