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

On October 2014, the Defendant: (a) at the office of “E” in the operation of the Victim D (E) located in the Seocho-si, Kimpo-si, Kimpo-si; (b) on the Defendant’s recommendation, requested repair of Fran plastics purchased by the injured party; and (c) a machine that produces recyclable materials by melting Fran plastics after melting it (hereinafter “straw machinery of this case”); and (d) the Defendant said, “G” to automatically remove foreign materials generated in the process of producing plastic pressure to a level of 12 to 15 tons per day, which would enable the injured party to produce plastic recycling materials at a level of 12 to 15 tons per day. The Defendant manufactured the machinery and installed them on the instant used machinery.”

However, in fact, the Defendant did not have any technology to produce “G”, and even if receiving the production cost from the injured party, the Defendant did not have the intent or ability to supply “G”.

Defendant deceiving the victim as above and received KRW 25 million from the victim on December 2014 as the production cost of “G” from the first police officer on December 1, 2014, and acquired it by deception.

[In light of the following circumstances acknowledged by the evidence duly adopted and investigated in this court, the fact that the Defendant, while having no skills or ability to produce “G” properly, received KRW 25 million from the injured party for the production cost of “G” is sufficiently recognized.

Of the money paid at the beginning of December 2014, the Defendant appears to have received KRW 25 million as “G” production costs (which appears to have been paid as part or the estimated amount of the cost of repairing used machines in the instant case, in the absence of specific designation of KRW 10 million out of KRW 35 million). - The Defendant is the KRW 35 million (under the agreement between the Defendant and the victim, a contract for manufacturing used machinery was drawn up and borrowed under the name of the victim and the Defendant immediately paid KRW 80 million to the Defendant on December 4, 2014.