except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On April 12, 2011, the Defendant entered into a provisional contract with D and Chungcheongnam-do, the representative of C (State) to purchase the above C (State) factory in Jin-gun, Chungcheongnam-do. However, on the said factory site and building, the Industrial Bank of Korea was undergoing voluntary auction with the creditors, and thus, in order to purchase the factory, the Defendant took over the obligations to the Industrial Bank of Korea and pays interest, etc., but the Defendant did not have the intent or ability to take over the above factory’s obligations, and thus, the Defendant did not have any intention or ability to give the victim F with the scrap metal arising from the removal of the factory.

Nevertheless, around April 12, 2011, the Defendant concluded that, without notifying the victim of the fact that the above factory is in the process of voluntary auction, the Defendant purchased the factory in the Chungcheongnam-gu Incheon Metropolitan City, without informing the victim of the fact that the factory is in the process of voluntary auction. It was planned to remove the factory and to remove the hospital. 300 million won, the Defendant would give the scrap metal coming from the removal of the factory and the wre.”

Accordingly, the Defendant, by deceiving the victim as above, remitted 30 million won from the victim to the account of the Defendant’s Ah’s Ah to the down payment on April 12, 201, and acquired 10 million won from the same account under the same name as April 13, 201.

Summary of Evidence

1. The defendant's statement on the fourth trial date in court;

1. An interrogation protocol of F by prosecution;

1. Statement by the prosecution concerning D;

1. The police suspect interrogation protocol of H;

1. Application of Acts and subordinate statutes on a contract for removal, details of remittance (60 million won), contract (a sales contract with a victim), details of remittance (a payment of KRW 20 million), and application of a contract for sales of a factory;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the agreement with the victim);