A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On June 2010, at the office of the C Daegu branch office in Daegu-gu, Daegu-gu, the Defendant: (a) shares of the U.S. Company C are valuable inside and outside of KRW 5,000 per share; (b) the shares of the U.S. Company C are traded for an over-the-counter item; (c) it is not easy to dispose of the shares; and (d) even if the victim D purchases the above videophone under the name of investment, it is not possible for the Defendant to sell it, so that the victim would have no intent and ability to assist the victim to recover a certain portion of the investment amount; (b) it may be possible for the victim D to make a profit to reduce C shares corresponding to the investment amount, and increase the value of shares between KRW 6,70,00 per share. Moreover, the video phone purchased through an investment would be disposed of in an amount equivalent to KRW 160,500 per share, and thus, it would return the money to the victim (including the money).

2. Around April 30, 2011, the Defendant: (a) concluded that, even if he/she borrowed money from the above victim because there is no particular property from the Defendant, he/she did not have any intent and ability to repay the money; (b) thereby, the Defendant received KRW 10 million from the victim as the borrowed money at around that time; and (c) obtained such money from the victim and acquired it by deception.

3. On July 6, 2011, the Defendant made a phone call to the victim at an indivous place, and even if having borrowed money to the victim, the Defendant did not have any intent and ability to repay the money, and the Defendant made a false statement that “A person would lend money to the victim before he/she borrowed the money,” and that he/she received KRW 1 million from the victim to the deposit account in the name of the Defendant at that time.

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