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

On July 2009, the Defendant made a false statement to the victim E, “D office’s “D” office located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Busan-si, the end of which was the end of July, 2009, stating that “The Defendant was ordered to produce and supply a large amount of paper stuffs from the daily company. When producing paper stuffs, it takes place at least 20 to 30 tons per month, and if 50 million won is paid in advance, it would be supplied as security by purchasing paper stuffs manufacturing machinery (one name “Tpson”) and book stuff manufacturing machinery (one name “Spson”) and free of charge for one year.”

However, in fact, the Defendant did not directly enter into a contract with a Japanese company at the time, and even if he received advance payments from the victim, such as the price of “surba” up to 110 million won, the Defendant did not have any intention or ability to provide the victim with free of charge for one year or to provide the “surba” as security.

Ultimately, the Defendant, by deceiving the victim as above and by deceiving the victim from the victim as the advance payment, acquired the victim by remitting KRW 20 million on July 30, 2009 and KRW 30 million on August 5, 2009, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. An investigation report (verification of the truth of a suspect's defense involved in two liaisons);

1. Application of contract, receipt statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Determination as to the defendant's assertion of Article 62-2 of the Criminal Act regarding probation and community service order

1. The Defendant, upon receiving advance payments from the victim, produced stuffs by paying factory rent and the cost of the purchase of machinery, etc., and supplied the land generated in the process to the victim. However, even if the stuffs were produced due to US exchange rate and the increase in raw materials prices, the stuffs production was discontinued, and the stuffs continued to be supplied.