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

On November 24, 2016, the Defendant made a false statement to the victim C by phoneing the victim C to the effect that “If the business funds are leased to require the business funds, it would be repaid without a molding two weeks later.”

However, in fact, the defendant did not have any special property or income, and even if he received money from others, he did not have the intention or ability to pay it, and the amount received from the damaged person was merely used for personal purposes such as living expenses and debt repayment.

Nevertheless, on November 24, 2016, the Defendant: (a) by deceiving the victim; (b) received transfer of KRW 10 million from the corporate bank account (D) in the name of the Defendant on November 24, 2016 from the victim; and (c) received a total of KRW 78,200,000 from the Si to April 13, 2017, as shown in the list of crimes in the separate sheet of crimes.

Accordingly, the defendant acquired the property from the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report, investigative report, investigative report, investigative report, investigative report, investigative report (referring to witness H telephone conversations), investigative report, investigative report, investigative report (referring to witness J telephone conversations), investigative report, investigative report (referring to witness K telephone conversations), investigative report, investigative report, reference witness E telephone conversations, investigation report, investigation report, and investigative report;

1. A certificate of deposit in cash and a letter of performance;

1. Application of details of financial transactions, response data for NICE Evaluation Information Co., Ltd. and statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended sentencing guidelines is general fraud (less than KRW 100 million) and the punishment for persons who are specially mitigated (one month to one year) is not imposed, or substantial damage is recovered;

2. In this case, the defendant has two times of the same kind of experience in the decision of sentence.