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

Around May 2012, the Defendant made a false statement to the victim D, “When he/she lends or invests money for the piracy processing business, he/she shall use it only for the piracy processing business and send the amount equivalent to KRW 400,000 per month out of his/her profits as profits.”

However, in fact, the defendant did not have any property, and therefore, he did not borrow 10 million won from a third party to make an investment in the maritime processing business, and carried out the maritime processing business by borrowing 10,000 won from a third party, and the monthly profit was about KRW 500,000,000,000 per month, and thus, he did not have any intention or ability to send the proceeds promised to the victim by properly operating the maritime processing business, even though the victim deposited the investment funds received from the victim to be used only in the maritime processing business and delivered them to the head of the Tong to the victim so that the victim would use them only in the maritime processing business, and even if it was delivered to the victim, he did not have any intention or ability to send the proceeds promised to the victim by properly operating the maritime processing business.

The Defendant received KRW 8 million from the victim on May 2, 2012, KRW 20 million, KRW 20 million on September 11, 2012, KRW 5 million on October 22, 2012, and KRW 5 million on November 12, 2012 from the victim to the Agricultural Cooperative (E) account in the name of the victim he/she manages.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a written statement of repayment, a copy of each passbook, and details of passbook transactions;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant for the reason of sentencing Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act shall be the victim;