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

On November 9, 2016, the Defendant made a false statement to the victim D, “A Co., Ltd., a corporation, whose internal head is a representative director, will be listed immediately.” If the amount of KRW 40 million exceeds KRW 500,000 of the shares of the above company, and will be employed as the managing director of the above company.”

However, in fact, the Defendant had the personal obligation equivalent to KRW 13,00-4,000 and the company obligation equivalent to KRW 400,000,000 at the time, and the said company had little profits and thus, was unable to timely pay wages to two employees. Therefore, the Defendant did not have any intent or ability to pay wages to the victim by listing the said company or employing the victim as the head of the management department of the said company.

On November 10, 2016, the Defendant received 38 million won from the injured party to the new bank account (F) with the Defendant’s name, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Investigation report (investigation of damaged places), investigation report (a copy of summary order, etc. of a case related to the suspect) (a copy of the summary order, etc.);

1. A detailed statement on the transactions of deposits and withdrawals, and a certificate of borrowings;

1. A certified copy of the real estate register and a response to the results of inquiry into credit information [the accused and the defense counsel denies the criminal intent by fraud;

However, in full view of the above facts, the crime of defraudation by the Defendant is recognized, taking into account the following: (a) the Defendant’s obligation and credit status acknowledged by the foregoing evidence; (b) the management status of the Defendant’s company operated; (c) the Defendant’s repayment of the Defendant’s obligation or the existing company’s repayment with the victim’s money; and (d)

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act 1.