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

The Defendant concluded a contract with D, the president of C, for the manufacture of reciting machinery, to perform wastewater purification business using the victim B and earth bags (i.e., g., a seed for natural combustion after filling in the reconcing) and (ii) the production of reciting machinery.

The Defendant heard from D that the cost of manufacturing reciting machinery is equivalent to KRW 50,000 per unit of 1,00,000, and made D a false statement to D that “The president of B wanted to cover the manufacturing cost and to receive refund of the difference, so the manufacturing cost shall be KRW 65,00,000 (the intention of actual manufacturing cost shall be KRW 50,000 or KRW 65,000,000 on the contract).” The Defendant made a false statement to D that “If the cost of manufacturing reciting machinery is paid KRW 65,50,000,000,000,000,000 from the B president, the amount of the cost of manufacturing reciting machinery shall be returned to him/her,” and the victim made a false statement to D that “if the cost of manufacturing reciting machinery is paid to 65,00,000,000,000 won, the cost of manufacturing reciting machinery shall be made.”

As above, the Defendant, by deceiving the victim and D, had D transfer a total of KRW 60 million to D with the cost of manufacturing reciting machinery, and the victim deposited KRW 60 million with D with the total of KRW 4 million on June 1, 2012, KRW 4 million on June 8, 2012, KRW 500,000 on November 26, 2012, KRW 500,000 on December 11, 2012, KRW 60,000 on December 14, 2012, KRW 14,000 on December 27, 2012, KRW 200,000 from D, and the Defendant returned the total of KRW 20,000 on June 27, 2012, KRW 2010 on June 21, 2012, KRW 200,000 on December 14, 2012.

Accordingly, the defendant acquired 14.8 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of Acts and subordinate statutes to a supply contract, terms and conditions of a contract, estimates, and specifications of transaction of common deposits C (D) (including details of transfer of banks);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;