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

The Defendant, who is engaged in the performance planning business, was planning a performance hall, and was in the planning of the performance hall “D”, failed to meet the production cost, and was able to use funds on the condition that the claim for the sales price of the performance ticket is transferred.

At around 14:20 on August 7, 2015, the Defendant shown the current status table of the diskettes 807,567,000 won in the first floor of the building in Gangnam-gu Seoul, Seoul by the preceding day to the victim G, and “D” in this time, “D” was held a performance, and the public performance book was already held to the extent of KRW 800 million. From August 15, 2015 to 20 times, if the public performance is held on a total of 1 billion won, the sales are expected to have been at least KRW 1 billion and KRW 2 billion. Even if the prior loans to the Korea Technology Finance Corporation are excluded from the prior loans of KRW 50,000,000,000,000,000.” The Defendant made a false statement to the effect that “The investment would be sufficiently repaid, but the investment would be changed to KRW 35,500,000.”

However, even until August 7, 2015, the above performance pockets were actually sold until August 7, 2015, and there was a little of KRW 235 million. Thus, even if the above performance was completed without intention, it was unclear whether it is possible to repay the money to the victim according to the promise of investment.

Nevertheless, the Defendant, as such, by deceiving the victim as such, received the victim from the victim to a new bank account (I) in the name of a limited liability company (D), with a total of KRW 350,000,000,000,000,000 from November 11 of the same month, under the pretext of investment money, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A list on the current status of saves and diskettes;

1. A copy of performance investment contract;

1. Application of each Act and subordinate statute of public receipt;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The term of imprisonment with prison labor for a period of one year to four years shall be the general fraud group in the sentencing criteria;