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

The defendant was a person who operated B with the purpose of real estate business, etc.

On January 27, 2012, the Defendant stated to the effect that, at the sales office of the foregoing corporation in Gangnam-gu, Seoul, Seoul, 1105, the Defendant would build a freezing warehouse distribution center in E and three lots (hereinafter “the instant real estate”), the Defendant would pay KRW 235,00 per month until completion of the investment, and would make a registration of ownership of the said real estate until March 2012, and would make the principal repaid after completion of the construction of the principal, and would make monthly payments at the rate of 14.5% per year if the Defendant wishes to extend the period of principal repayment.”

However, on July 5, 2010, the Defendant entered into a contract to purchase the instant real estate in KRW 1.24 billion and paid the down payment of KRW 50 million,00,000,000,000, and obtained permission from F for development of the instant real estate as a freezing site around September 13, 2010, but did not pay approximately KRW 50,000,000,000 for farmland preservation charges, on May 12, 2011, the development permission was revoked, and there was no money, and there was no intention or ability to build a freezing warehouse logistics center.

In addition, the defendant did not have the intent or ability to pay monthly proceeds to the victim until the principal is refunded because of economic difficulties to the extent that he is delinquent in the amount equivalent to 42 million won of the employee's wages.

Nevertheless, on January 31, 2012, the Defendant received 39 million won from the victim, who was aware of such falsity, from the victim, to the national bank account in the name of the said corporation, and acquired it through money as investment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the details of each investigation report and transactions of entry and withdrawal;

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