Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

around 17:00 on January 6, 2014, the Defendant: (a) at the D coffee shop of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, 2014, “F, a general director, has invested the total amount of KRW 40 million and has a sound amount of KRW 100,000,000,000 in actual capital; (b) currently has a monthly sales amount of KRW 50,000,000,000,000,000,000 won; (c) if investing in the company, the Defendant would bring about KRW 23,00,000,000,000 monthly dividends for about six months; and (d) if investing in the company without any money, there is no concern about the amount of KRW 20,000,000,000,000,000 from March 1, 200.”

However, in fact, the F did not have the intent or ability to pay dividends as agreed upon even if the victim received money in the name of the investment deposit, because the excessive expenditure for sales has occurred.

Accordingly, the Defendant, by deceiving the victim as above, received 8 million won from the victim to the corporate bank account (G) in the name of the Defendant, and acquired it by deceiving the victim.

Summary of Evidence

1. Each legal statement of the witness H and E;

1. The second police statement of H;

1. Application of Acts and subordinate statutes to suspect name photographs, a detailed statement of passbook transactions, a business agreement (share transfer), Kakao Stockholm message, income statement, statement of financial position (in accordance with each evidence at the market, it is deemed that the F Co., Ltd. could not make profits to the extent that the defendant guaranteed within the period agreed by the victim)

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;