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

On July 29, 2016, the Defendant borrowed the down payment of KRW 30 million,00,000,000 for the purchase of pine trees to the victim C, “On July 29, 2016, the Defendant made a false statement to the victim C that he would return the down payment of KRW 30,000,000,000 to KRW 5,000,000,000,000,000,000.

However, the defendant did not have a specific plan, such as that the other party to the sale of pine trees is not finally determined, and if no specific income or property exists and no money is sold, there was no way to return money to the victim, and there was no intention or ability to repay money to the victim.

The Defendant received 30 million won from the victim to the post office account (E) in the name of the Defendant on the same day.

As above, the defendant deceivings the victim to take the property by deceiving him.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C statement of the suspect interrogation protocol against the accused in the prosecution;

1. Part C of the statement in the third police's protocol against the defendant;

1. Each police statement with respect to C and F;

1. Details of financial transactions, details of post office account transactions, and application of suspect credit information Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62-2 of the Social Service Criminal Act that the defendant committed the crime of this case during the period of suspension of execution due to the same criminal records is very unfavorable to the defendant, but the defendant is against the defendant, and the victim does not have any punishment against the defendant by agreement with the victim, and the victim also has considerable responsibility for the occurrence of the crime of this case.

In addition, the age, sex, family environment of the defendant;