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

On September 3, 2010, the Defendant told the victim E at the D hotel coffee shop located in Gangnam-gu Seoul, that “The Defendant is in progress with the authority to take over the construction of treatment, delegated from the Ara resources development, and would offer 5% of its equity interest by establishing a special purpose corporation for the acquisition of treatment construction if he/she lends the initial funds of 40 million won necessary for the business, and would refund the said money within four weeks if the business is not well progress.”

However, the Defendant, by September 30, 201, was required to raise funds of approximately one billion won for the above treatment construction acquisition business, but at the time the obligation was equivalent to 50 million won, and there was no special property or profit, and there was no intention or ability to return the above 40 million won if the above business was conducted or the business was not in operation, or if the business was not in operation.

Nevertheless, as above, the defendant deceiving the above victim and acquired 40 million won from the victim to the bank account in the name of the defendant under the name of the defendant for the purpose of investment, namely, from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the E substitute part);

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement of G and H;

1. Submission of data (statement of deposit transactions);

1. Application of the statutes on a copy of each contract and a power of attorney;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The defendant asserts that he did not intend to acquire money by deceiving the victim.

2. Determination

A. The intent of defraudation, which is a subjective element of fraud, is the crime of fraud.