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

On June 2010, the Defendant stated that “The victim F will enjoy 5% profits each month by investing in importing domestic fishery products, and 5% of the monthly amount of investment will be made profits each month by making an investment in fishery products,” at Changwon-gu Da Office 3 E-cafeteria operated by the Defendant.”

However, the Defendant did not make an investment in the import of fishery products, and the Defendant was thought to be used for personal purposes, such as monthly pay to the employees in charge of collecting the money and membership fees of female organizations, so even if the Defendant paid the investment money, the Defendant did not have the ability to return the investment money and profit to the victim.

Nevertheless, on June 3, 2010, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, and KRW 30 million from the same account around June 24, 2010, respectively.

Summary of Evidence

1. The defendant's partial statement in the fourth protocol of trial;

1. The entry of witnesses F and G in the fifth trial records;

1. Business registration certificate (H), A agricultural bank account transactions, and I Gyeongnam bank account transactions;

1. Application of Acts and subordinate statutes to the suspect examination protocol of the prosecution to I;

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

1. The defendant and his defense counsel asserted that there was no criminal intent to obtain fraud against the defendant and his defense counsel's assertion in light of Article 62 (1) of the Criminal Act (hereinafter the following circumstances of sentencing).

In full view of the following circumstances recognized by each of the above evidence, the above assertion is rejected, since it is recognized that the defendant had the intent to commit the crime of defraudation.

(1) The Defendant received KRW 40 million from the victim, and around June 2010, imported and sold fishery products, or did not make an investment in the business of importing and selling fishery products from another person.