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 2016, the Defendant made a telephone conversation with the victim C at a place where it is difficult to know the closed light place on the lower day of November 2016, the Defendant would have the victim receive at least 11,000 won per one day, which is higher than the normal supply unit price.

In the case of the delivery of the horse cream, it was false to the effect that the payment will be made directly by the delivery center within 10 days.

However, the defendant had no intention or ability to pay the price within 10 days as agreed even if he received the horse cream from the injured party and sold it personally and used the proceeds for the defendant's personal debt repayment, etc.

On November 29, 2016, the Defendant: (a) by deceiving the victim as above; and (b) issued 30,580,000 won of the market price at the freezing warehouse of the victim in Cheongbuk-do, Chungcheongnam-do; (c) around November 29, 2016, the Defendant was issued 2,780 kilograms.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Investigation report- A copy of a bankbook with respect to the confirmation of delivery by the end of a reduction of the year; and

1. Application of Acts and subordinate statutes on remittance details;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant paid 3.5 million won among the amount obtained by deceit of the defendant in this case and the amount thereof, the motive and background of the crime in this case, in particular, the relationship between the defendant and the victim in which the defendant and the victim have engaged in the business related to the reduction of the level of reputation, and it seems that there is a contractual obligation relationship between the two, together with the means of using the money acquired by the defendant, the criminal records and the criminal records, and other conditions of sentencing under Article 51 of the Criminal Act such as the age and sexual conduct