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

On June 28, 2016, the Defendant: (a) around 11:00, at the “C coffee shop” located in Daejeon-gu Daejeon-gu, Daejeon-gu, the Defendant: (b) obtained the right to operate the restaurant by talking to the head of G (ju) who performs the construction of new apartment in the Dong-gu Daejeon-gu, Daejeon-gu, Daejeon-gu; (c) on deposit of KRW 30 million with the head of H.

30 million won was referred to as "I will be entitled to operate a restaurant at the prime page."

However, even if the defendant received the above money from the injured party, he was scheduled to use it as the interior cost of the restaurant operated by the defendant, and there was no intention or ability to grant the right to operate the restaurant because he did not have obtained the right to operate the cafeteria at the construction site of the F apartment construction site of the Daejeon-gu Seoul Metropolitan City.

Nevertheless, on June 28, 2016, the Defendant, by deceiving the victim, received money from the victim, from the victim, to transfer KRW 15 million to the Agricultural Cooperative Account (J) in the name of the Defendant designated on June 28, 2016, and KRW 15 million to the same account on June 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (the sequence 1, 2 of the evidence list);

1. Application of Acts and subordinate statutes to the specifications of deposit transactions, copies of cash custody certificates, and deposit statements;

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor under Article 347 of the Criminal Act and the choice of applicable laws and punishment for the crime

2. Grounds for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. The scope of a recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of a recommended punishment [the range of punishment [the range of punishment that is less than KRW 100 million] and the factors of mitigation of punishment: In cases where punishment is not imposed or a significant damage is recovered, the area of mitigation of punishment [the area of recommendation and sentence], and imprisonment for not more than one year;

2. Determination of sentence (unfavorable circumstances) of the instant crime is that the Defendant acquired a total of KRW 30 million from the injured party by deception, and the nature of the instant crime is not easy in light of the content of the crime and the scale of damage, etc.

The defendant is guilty.