2.Provided, That the execution of the above punishment shall be postponed for one year from the date this judgment has become final and conclusive;

[Criminal Power] On December 29, 2011, the Defendant was sentenced to imprisonment for fraud at the Seoul Central District Court on April and August, 201, with two years of suspended execution, and the said judgment became final and conclusive on January 6, 2012.

【Criminal Facts】

Around August 28, 2009, the Defendant made a false statement to the victim D that “If he/she accepts a “E company” for personal sewage treatment, the monthly net profit shall be at least KRW 150 million,” “it is necessary to make an investment half of the acquisition amount, and the acceptance is defective,” and “B is prepared to make an investment of KRW 75 million equivalent to the shares in Suwon-si, whichever is equivalent to KRW 50,000,000,000,000 as the down payment and the intermediate payment of KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00 won, if it is paid when he/she takes over

However, the Defendant did not have any intent or ability to invest KRW 75 million in the acquisition fund of the “E company” due to a situation in which it is difficult to pay its office operating expenses and wages.

As above, the Defendant, by deceiving the victim and deceiving the victim, received from the victim the transfer of KRW 50 million from the financial account in the name of the Defendant’s wife to the financial account in the name of the Defendant’s wife in the name of contract deposit and intermediate payment for acquiring the “EE company” in light of the fact that it is a clerical error in August 31, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the accused in part of the first trial record corresponding thereto;

1. Statement made by witnesses D in the second protocol of the trial;

1. Examination protocol of the accused by the prosecution (including statement on the part concerning D);

1. Statement made to D by the police;

1. Application of the business explanation summary, investment contract, remittance statement, business license or transfer contract, foul waste collection and transportation business license and business registration certificate, receipts, real estate lease contract, each document of use of funds, and the detailed statement of passbook transaction Acts and subordinate statutes;

1. The criminal defendant under Article 347 (1) of the Criminal Act of the relevant criminal facts shall be denied.