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

1. On October 10, 2008, the Defendant against the Victim B stated that “The Victim B exported the E closed cell phone volume to China” to the victim at D stores near the Jung-gu Seoul Central District Office, and at this same time, the Defendant purchased from the customer the e-mail cell phone volume generated from the E-U.S. Corporation and exported the e-mail to China, a large amount of money may be punished. The e-mail invested KRW 60 million, but there is a lack of KRW 30 million at present. 30 million if the Defendant invested KRW 30,000,000,000,000 won, the investment amount and earnings will be paid from 30 days to 40 days.”

However, even if the defendant receives money from the victim as investment money, he was thought to use it for casino gambling, and there was no intention or ability to use it for the business of used mobile phone materials.

Around October 17, 2008, the Defendant received KRW 12 million from the victim’s bank account in the name of the Defendant.

On October 24, 2008, the Defendant continued to conclude that “When the Defendant additionally closed-end mobile phone has been added, it would return a total of KRW 27 million by receiving payment from the date of December 4, 2008, the Defendant would return a total of KRW 10 million.”

However, the Defendant was thought to use the money received under the same name of investment in casino gambling, and without the intent or ability to use it for the purchase of mobile phone waste materials, the Defendant received an additional deposit of KRW 10 million from the Defendant’s G bank account in the name of the Defendant on October 24, 2008.

Accordingly, the defendant, by deceiving the victim, acquired a total of KRW 22 million property benefit.

2. On November 30, 2008, the criminal defendant against the victim H made phone calls to the victim and made a false statement to the victim that “I would pay the principal and interest of the victim around December 3, 2008 if I lent KRW 23 million to China.”

However, even if the defendant borrows money from the victim, it is a casino gambling.