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

On February 2, 2012, the Defendant stated that “The Defendant would supply the victim D with an advance to be used for purchasing the scrap metal for 30 tons of the scrap metal on the water surface operated by the Defendant in Namyang-si.”

However, even if the defendant received advance payments from the victim, the defendant did not have any intention or ability to supply scrap metal to the victim because he thought that it will be used as the existing debt repayment and used as the operating fund on the property.

As above, on February 24, 2012, the Defendant deceivings the victim as above, and under the pretext of advance payment from the victim for the scrap metal, the amount of KRW 10 million to the bank account in the name of the Defendant, and the same year.

3.1. Around the 5th day of the same month, he/she received each remittance of KRW 10 million to E’s national bank account, KRW 5 million to the same account around the 5th day of the same month, and KRW 10 million to the same account around the 9th day of the same month, and acquired 35 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of transfer confirmation certificate;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1114, Apr. 2, 2011>

1. Social service order under Article 62-2 of the Criminal Act;