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

On September 2014, the Defendant would complete a wooden house by October 2014, when paying KRW 54,00,000 to the construction cost of a wooden house to the victim among the victims D and their children.

“......”

However, in fact, when the Defendant did not have sufficient funds necessary for the construction of wooden houses at that time, he had the intent or ability to complete the wooden house in accordance with the above agreement, because he had attempted to use the amount equivalent to KRW 16,00,000 out of the construction cost to be received from the injured party as the funds of the E-stock company to which the Defendant belongs.

The Defendant received KRW 5,00,000,000 from the damaged person as the cause of the construction work payment, from the victim, to the new cooperation account under the name of the Defendant, and received from the damaged person, from the time to October 16, 2014, the Defendant received KRW 54,000,000 in total from the damaged person on five occasions as shown in the list of crimes in attached Table from October 16, 2014, or received money by deceiving the victim in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. Two-time protocol of interrogation of the suspect of the police against the accused (including the cross-examination);

1. The investigation report (the list Nos. 9);

1. Application of statutes on the Kakao Stockholm messages, photographs on the construction site, details of transfer, and details of transactions;

1. Article 347 (1) of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for the crime (the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the punishment [the types of decisions] that there are no types 1 (less than KRW 100 million) (the area of recommendation and sentence] (the area of recommendation and sentence], the basic area of the punishment, and not less than six months but not more

2. The amount of fraud by the crime of this case, which is 54 million won or more, shall be determined by the sentence.