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

On July 15, 2010, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution in the Daegu District Court Kimcheon Branch on July 15, 2010, and the above judgment became final and conclusive on July 23, 2010.

On April 2008, the Defendant made a false statement that “The game machine monitors are exported to East Asia, and the principal and 30% profits will be paid after one month after the investment is made.”

However, even if the defendant receives investment money from the victim, he did not have the intent or ability to make an investment in the game monitoring business or to pay the profit to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 2,1920,00 from the victim to the Cbank account in the name of the Defendant, around April 25, 2008, and received KRW 5 million from the said account in the same manner as around May 9, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. The police statement concerning B;

1. Certificates of deposits without passbooks, copies of bankbooks, and statements of transactions;

1. Investigation reports (verification of details of transactions in the F account), investigation reports (Listening to the Fluor’s statement);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (report on confirmation of the same kind of force);

1. Article 347(1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable legal provisions and the choice of punishment for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the main sentence of Article 62 (1) of the Criminal Act (the 12 million won has been repaid after the lapse of two months from the date of the commission of the crime), and the victim expressed his/her intention not to have the criminal defendant punished by mutual consent with the victim, etc.

1. Article 62-2 (1) of the Criminal Act on Probation;