However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

The defendant around 20:00 on May 28, 2014, at Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, 401, and the victim C need to provide funds to conduct business related to aquatic containers.

If an investment is made in the above business, it is registered as the employee of the company that carries on the business, and pays 3 million won per month as the salary, and 5% of the annual sales of the above business shall be paid as the dividend.

“.....”

However, in fact, the defendant did not have any intent to use it for the business of the swine farm or for personal use of it, which was promoted by D with money from the injured party, and did not have any intent to use it for the business related to the livelihood accommodation, by registering the injured party's identity as an employee of the company operating the business related to the livelihood accommodation, and did not have any intent or ability to distribute 5% of the annual sales of the above business to the injured party.

Defendant deceiving the victim as above, and then, he received 40 million won from the victim under the name of the business investment fund related to the living accommodation around the 29th day of the same month from the victim, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement against C (List 3);

1. Details of each financial transaction (List 2,5);

1. Application of each Act and subordinate statutes of the Investigation Report (List 6,7,12,13);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (a confession, reflectment, and the same sentence of punishment shall be imposed once, but not later than 16 years ago, and no other criminal record exists, and a victim shall not be punished by agreement after recovery of damage);