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

On November 15, 2011, the Defendant was sentenced to a suspended sentence of one-year imprisonment for fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on November 23, 201.

On February 19, 2009, the Defendant made a false statement to the victim in E E, i.e., the victim D who is unable to know the number of the C apartment units and heading in Ansan-si, the Defendant was working for FC at the company “F” as an insurance solicitor, and if he/she invests money, he/she would operate the assets and guarantee an earning rate of 20%.

However, at the time of fact, the defendant had no intention or ability to pay the investment money to the victim due to excessive debts, such as the joint and several liability amount, in a situation where it is impossible for the defendant to arbitrarily use the investment money received from the customer for personal purposes while working as an insurance solicitor and to return it to the victim.

Nevertheless, the defendant deceivings the victim as above, and such deceivings the victim from February 23, 2009 to the same year.

5. Until December 26, 2000, a total of KRW 60 million was issued as investment money.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. An asset management contract, a money borrowed certificate, or a letter;

1. Court rulings;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. There are various circumstances, such as the fact that the amount of fraud by the crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act is KRW 60,000,000, the defendant led to the confession of the crime of this case, the agreement with the victim was reached, the crime of fraud of the first head of the crime of this case for which the judgment became final and the concurrent crime under the latter part of Article 37 of the Criminal Act should take into account equity when the judgment was