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

1. On June 15, 2012, the Defendant made a false statement to the effect that “The Defendant would leave a large amount of profit if he/she invests in money because he/she has a large amount of money for export of cellphones at Diplomatic Diplomatic Association located in Bupyeong-si C.”

However, the fact that the defendant tried to illegally trade a mobile phone in China is that he did not have the intention or ability to pay profits to the victim even if he received money from the victim.

As such, the Defendant, by deceiving the victim and deceiving the victim, obtained KRW 5 million on the same day from the victim, and obtained KRW 15 million on July 11, 2012, and acquired KRW 15 million in total from the victim.

2. On August 10, 2012, the Defendant made a false statement to the effect that “The amount of damages incurred by the business of exporting cellphones is KRW 20 million due to the failure of the business of exporting cellphones, and the Defendant would have repaid the money with the money invested first after the repayment of the damages.”

However, even if the defendant borrowed money from the victim, the defendant did not have the intent or ability to repay it, and was planned to invest in other businesses without repaying the debt.

As such, the Defendant, by deceiving the victim, received money of KRW 19 million from the victim for the same day as the loan money, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are the confession of the defendant, the victim does not want the punishment of the defendant due to an agreement with the victim, and there is no criminal record against the defendant, other records such as the amount of fraud, the circumstances after the crime, the motive and circumstances leading to the crime in this case, the age of the defendant, character and conduct, and family environment.