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

On May 20, 2014, the Defendant made a false statement to the victim E on May 20, 201, stating that “The Defendant would supply KRW 20 million by calculating animal residuess, such as swine rain and miscellaneous bones, to KRW 20 million per 1kg on an advance payment,” to the victim E.

However, at the time, the Defendant was liable for the repayment of approximately KRW 170 million to the customers, including F, G, and H, with approximately KRW 135 million, and the Defendant was in arrears with the monthly rent of KRW 60,500,000 in the office of the D factory. The Defendant was in arrears with the employees J’s wages and retirement pay of KRW 2,00,000,000 in total until March 2014. In addition, the Defendant did not receive KRW 10,000,000 from the victim’s intent to supply the remaining animals even if he did not receive KRW 10,000,000 in advance and entered into the contract for the supply of the animal residues, and there was no capacity to supply the remaining animals after January 30, 2012.

After all, the Defendant acquired money from the victim through a new bank account (M) in the name of (M)D on May 21, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of N police statement;

1. A complaint;

1. A contract for the disposal of animal residues;

1. Detailed statement of each transaction;

1. Business registration certificate;

1. Each contract;

1. Swine value list;

1. A specification of transactions;

1. Application of Acts and subordinate statutes of the Customer Director

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending sentence] of the Act on the Suspension of Execution has no basic area (6-100,000 won or less) (6-10,000 won or less) (6-10,000 won or more) (the decision of sentence].