2.Provided, That the execution of the above sentence shall be postponed for two years from the date this judgment becomes final and conclusive;

The defendant is a person who engages in the meat processing business, etc., and the victim C is a person who supplies raw chickens.

On September 6, 2012, the Defendant called the victim by phoneing it to the victim at an unclaimed place, and stated that “on the first hand, the Defendant would pay the amount of the money to be paid immediately if he/she supplied it to the school, etc., and there is no financial problem to the extent that he/she purchases the site of the company equivalent to KRW 2 billion.”

However, in fact, the Defendant had no intention or ability to settle the price even if he was supplied with the crypt from the victim, because the sales of D, E, and F, which began from the year 201, was sharply decreased and financially poor to the extent that he would delay the payment of 57,00,000 won, such as wages, to D, E, and F, an employee of the Defendant.

Around September 6, 2012, the Defendant: (a) by deceiving the victim as above; (b) supplied the victim with the raw chickens equivalent to KRW 614,00 at the market price of KRW 614,00; and (c) acquired it by defraudation; and (d) obtained a total of 39,370,530 won from the date and time to September 6, 2013, including the list of crimes in attached Form 79 “2013” from the date and time to September 6, 2013.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. Application of Acts and subordinate statutes to a criminal investigation report (Presentation of Documents).

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (generally, the choice of imprisonment);

2. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended execution [the scope of recommending punishment] general fraud [10 million won] in the area of mitigation (1-1 year) (1-1 year) in the area of reduction (1-1 year), or in a case where the degree of deception is weak [the decision of sentence], but the amount of deception obtained by the defendant is not small, but the defendant did not reach an agreement with the victim. However, the defendant deposited some amount of damage for the victim, and the degree of deception falls under a case where the degree of deception is relatively weak.