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 February 1, 2012, the Defendant made a false statement to the victim E that “A large number of interest interest holders will be used and repaid only for two months because they have lent money.”

However, in fact, the Defendant did not have any particular profits due to the aggravation of the management of the health club operated by the Defendant, and did not have any intent or ability to repay money within two months even if the Defendant borrowed money from the victim because it was planned to use the money for the partial stock investment.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the national bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of each prosecutor's interrogation protocol against the accused (including the E substitute part);

1. Statement to E by the police;

1. A report on investigation (the details of the use of the fund);

1. Details of transactions, confirmation of obligations, and written performance of obligations;

1. Determination as to the assertion by the Defendant and his/her defense counsel regarding the consignment/saving transaction details (treatment securities), the principal financial transaction (influences).

1. The alleged defendant agreed to divide the profits from the investment of 40 million won into shares with the victim to reflect the profits from the investment of the shares, received the above money from the victim as a share investment deposit, did not deceive the victim, and did not intend to commit the crime of defraudation.

2. The following circumstances acknowledged by each evidence duly adopted and investigated by this Court, namely, the victim, who consistently up to the filing of a complaint, the investigative agency, and the court, has operated a gym club with a large scale of amount, and if the Defendant borrowed money from the business funds, he/she would have a large amount of interest for a period of two months. As such, he/she lent money only to use and return the money, and if he/she knew that he/she invested in the stocks, he/she would not lend money.