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

[Basic Facts] Around December 9, 2017, the Defendant, who actually runs a “B” wholesale and retail business, entered into a contract for the collection of earth and rocks with a limited liability company C (hereinafter “C”) and D, E, and F (hereinafter “the instant mountain”), with a deposit of 3.4 million won, the contract period of which between December 11, 2017 and December 10, 2018. The Defendant was obligated to pay the remainder deposit of 200 million won to C by December 20, 2017. < Amended by Act No. 14945, Dec. 15, 2017; Act No. 15085, Dec. 20, 2017>

【Criminal Facts】

1. From the end of December 2017, the defrauded G said that “A contract for the collection of earth and rocks with respect to the instant mountain shall be concluded with the victim G for the collection of earth and rocks, which requires KRW 140,000,000, and if the victim borrowed KRW 140,000,000,000, it is necessary, the victim would be able to perform the collection of earth and rocks.” However, the victim did not make an investment in the instant mountain.

Nevertheless, on January 20, 2018, the Defendant continued to conclude that the Defendant “C would cancel C’s permission if it fails to find out the permit of the mountain, and C would lend KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, the Defendant, at the time, was not partially paid to C with the deposit under the contract for the collection of earth and rocks until December 15, 2017, and KRW 140 million, and KRW 200 million until December 20, 2017, respectively. However, the Defendant did not have any specific property, and there was no intention or ability to allow the victim to collect earth and rocks upon receiving KRW 20,000 from the victim, even if he received KRW 20,00,000 from the victim.

Nevertheless, the defendant belongs to the victim as above and belongs to it from the victim.