However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

The defendant is the actual representative of the company B that carries on the reconstruction apartment removal business, and the victim C is a person who carries on the recycling scrap metal business under the trade name of "D".

On December 26, 2017, the Defendant made a false statement to the victim’s office located in E in Jeonju-si, stating that “The victim is the F husband in Korea, B entered into a contract for the removal of G and H apartment, and that “The teme down payment KRW 200 million to be sold to the Party at least 1,000 tons of the scrap metal generated in the course of the removal work.”

However, even if the down payment is paid by the victim, there was no intention or ability to sell the scrap metal generated in the process of removing the H apartment to the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received a total of KRW 200 million from the victim, including three copies of the previous North Korean bank check, four million won, and ten copies of the previous North Korean bank check, in the same date, at the same place as the down payment, as the down payment.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. A copy of a sales contract for scrap metal, a copy of a check, or a copy of a loan;

1. Application of investigation reports (a copy of a written statement of performance and a copy of the register), investigation reports (Submission of a copy of the contract related to removal works of a suspect H apartment), investigation reports (Submission of the starting date, completion date, and delivery status of scrap metal), investigation reports (Submission of the report on construction works of a suspect), and application of statutes to investigation reports (

1. The pertinent Article on criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the defendant of the choice of imprisonment and the defense counsel did not proceed with the relocation delay of the occupants of the above building after the contract, and the victim refused to purchase the scrap metal and demanded the return of the down payment to the victim, and only sold the scrap metal in another place after preparing a performance memorandum of performance of KRW 250 million to the victim, and do not have any intention or ability to sell the scrap metal at the time of the above contract.

However, the above "a summary of evidence" is "a summary of evidence."