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 of the final judgment.

Punishment of the crime

Around 11:00 on February 1, 2012, the Defendant made a false statement to the victim D that “it is investing in an aggregate extraction business being conducted in the Gyeongbuk-dong, Kim Jong-dong, Kim Jong-dong, which is located in the Gyeong-dong, and the victim has invested KRW 30 million in the aggregate extraction business, within seven months, and within ten months at the latest, he/she received a remittance from the victim on February 2, 2012, stating that he/she would return the investment principal of KRW 30 million and profits of KRW 45 million in total, within ten months at the latest.”

However, as seen above, the Defendant did not reach an agreement on the terms and conditions of investment or the allocation of profits with G, which operate an aggregate extraction business under the name of “F” in the Gyeonggi-do business, at the time when the Defendant received KRW 30 million from the victim, and there was no intent or ability to make an investment in relation to the said aggregate extraction business, and there was no intent or ability to pay the victim the investment principal or profit.

On April 24, 2012, around 12:00, the Defendant continued to enter into an investment contract for J aggregate extraction business in the hotel coffee shop located in Ha, Jin-si, Gyeonggi-do on April 24, 2012, and, if an investment is made, he/she would pay 20 million won every month after the three months and guarantee principal, and then he/she was remitted from the victim at around 14:00 on the same day.

However, since the court of Ansan-si in Gyeonggi-do is not proceeding with the aggregate extraction business, the defendant did not have the intent or ability to invest the money in the aggregate extraction business even if he received the money from the victim under the pretext of investment, and as a result, there was no intention or ability to pay the invested principal and profit to the victim.

Accordingly, the defendant deceivingd the victim D and acquired 70 million won through fraud over two times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D and G.