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

On February 2, 2016, the Defendant: (a) sought an office for the management resolution of a dispute settlement agreement, which is operated by the victim D in Australia-si; (b) and (c) sent to the Defendant a letter of intent to make an investment, stating that “The Defendant would make an investment of KRW 30 billion from the investment of the Red Congo to the investment of KRW 30 billion in the amount of money; and (d) if the Defendant loans KRW 100 million to be used as the funds, the Defendant would make an investment of KRW 30 billion in the E reconstruction project in the process of the Party, within one month; and (e) later, the Defendant sent the letter of intent to make an investment, stating that “the Defendant would receive KRW 30 billion from November 2014 to November 2019.”

However, in fact, the intent to make the said investment did not have to be invested in the amount equivalent to 30 billion won with an uneffective document, and was planned to use the 100 million won borrowed from the injured party as a personal debt repayment rather than the funds, and there was no intention or ability to repay the funds within one month even with the loan.

Nevertheless, the defendant deceivings the victim by the above method, and acquired the total amount of KRW 76 million under the name of borrowed money from the victim to the Agricultural Cooperative (G) account in the name of the defendant's wife, KRW 30 million on February 24, 2016, KRW 25,000,000 on February 25, 2016, and KRW 26 million on March 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor and police with regard to D;

1. Statement made by the police with H;

1. A copy of the letter of intent to invest, a copy of the passbook F, and a statement of transfer;

1. Data on the details of transactions in the agricultural bank account in the name of the defendant;

1. Kakao Stockholm letters sent and received between the defendant and the victim;

1. Application of Acts and subordinate statutes to data on the submission of complainants (certificate of pre-payment, etc.);

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommended sentence] general fraud.