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

On April 2012, the Defendant entered into a contract on acquisition of the right to collect recyclables of the “F” set forth in Gangnam-si and the “F” set forth in Gangnam-si E, and had the Defendant borrow the deposit amount of KRW 10 million from others to raise funds.

On April 18, 2012, the Defendant: (a) at the (ju) I office of the victim H located in Gangseo-si G around May 18, 2012, the Defendant called, “I have the right to collect recyclables coming from F. If I borrowed KRW 10 million as down payment, I will transfer all recyclables coming from the F.”

However, in fact, the defendant did not pay 10 million won of the contract deposit for the collection of recycled goods to D, so the above contract was at risk, and the defendant at the time was responsible for the debt amounting to KRW 80 million, and even if he borrowed money from the victim, he did not use it as a security deposit for D and used it to pay the defendant's debt.

The defendant acquired 7 million won from the victim to the Agricultural Cooperative Account (Account Number:K) in the name of his/her father in the name of his/her father from the victim, i.e., borrowed money.

Summary of Evidence

1. The defendant's oral statement in the third protocol of trial;

1. Application of the police statement law to H

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following factors, etc. favorable to the reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of the sentencing guidelines for sentencing [the scope of the sentencing guidelines] the basic area of the recommended sentence [the scope of the sentencing guidelines and the recommended sentence] of fraud crime group, general fraud, and Type 1 (less than KRW 100,000]: Imprisonment with prison labor for six months - one year and six months;

3. Determination of sentence: Imprisonment with prison labor for not less than one year, community service work for not less than 80 hours, and with respect to victims;