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 July 2012, the Defendant deceivings the victim as follows, and acquired a total of KRW 70 million on two occasions.

1. Around July 2012, the Defendant made a false statement to the victim C, “a good investment vehicle exists. D is engaged in the business of importing and selling duty-free tobacco in Gangnam-gu, Seoul, the Defendant is going to make an investment with the knowledge that it is difficult to make a payment. If D deposits money into the account in which he/she has to make an investment by failing to make an investment by another person, he/she would make an investment, then the profits will be divided by half each month after making an investment. The principal may be deducted immediately if he/she comes at the end of one month in advance.”

However, around July 2012, the Defendant had no profit by E operated by the Defendant, and even if the Defendant was urged to repay the debt in excess of KRW 30 million, it did not have the intent or ability to pay the profit by making an investment. The Defendant thought that the said money was used in the repayment of the Defendant’s debt, living expenses, etc.

On July 30, 2012, the Defendant, by deceiving the victim as such, received 30 million won from the victim to the Cit Bank account under the name of E under the pretext of investment.

2. On December 29, 2012, at the same place, the Defendant made a false statement to the effect that “F, in return for an investment in money, is importing and selling KRW 100,000,000,000 to the victim at the same time and at the same time, the Defendant may complete the importation and sale and recover the principal upon completion of the importation and sale at the beginning of March 2013.”

However, the fact was that F had not sold the raw materials of the U.S. dollars with false material, and the defendant was thought to have received money from the beginning to be used for the debt repayment and living expenses of the defendant.

The Defendant, as such, deceiving the victim and deceiving him/her to make investments from the victim on or around December 29, 2012.