A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On January 16, 2007, the Defendant stated that “A” restaurant located in Eunpyeong-gu Seoul Metropolitan Government “D”, “The victim E may receive a lot of dividends if it invests in F, a real estate consulting expert. There is no money to be invested now. The Defendant borrowed 50% of the dividends paid from investment.”

However, the facts are as follows: (a) the Defendant did not know who the said FF is the person; and (b) he did not know how he would operate the investment money to pay dividends; and (c) thus, there was no intention or ability to pay the principal or distribute the profits with the Defendant, even if he borrowed money from the victim under the pretext of paying the profits that he would receive dividends.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim to the new bank account in the name of G, and from June 28, 2007, received a total of KRW 160,500,000 from that time on 16 occasions as stated in the list of crimes in the separate sheet of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, H and I;

1. Application of Acts and subordinate statutes to a loan certificate, a deposit receipt for accumulated investments, liquidity transaction statement, and written confirmation of details of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (In light of the fact that the defendant is against himself and the victim does not want the punishment of the defendant);