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

The defendant is a service provider.

On July 7, 2019, the Defendant knew that the victim D, who conducts the enforcement business and the sales agency business at the office of the Defendant located in the Daegu-gu World Ship, Daegu-gu B World Co., Ltd., was insufficient to pay a performance guarantee of KRW 400 million, and suggested the victim to make an investment of KRW 200 million in exchange for money to Ma, E with the payment of money. There is a debt of KRW 46 million to E, which is able to receive an investment of KRW 200,000,000,000,000,000,000 won, which is 50,000,000 won.”

However, the facts are not only that the defendant has no intention or ability to prepare KRW 400 million, but also that even if he receives money from the victim, he did not intend to produce it to the above E and return to the next victim.

As above, the Defendant, by deceiving the victim as above, obtained a cashier's checks of KRW 50 million from the victim around the 22th day of the same month, and fraudulently acquired them.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the defendant or D (2 times, 2 times, and 5 times);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a copy of a cashier's check of KRW 50 million, and to a report on investigation (to search for reference E phone);

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

2. Records and records below the sentence, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc.