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 October 2009, the Defendant made a false statement to the victim C on October 2009, stating that “I would make a profit if I make an investment in money to purchase money because there is a lot of difference in the market price after purchasing a gold at home, and there is a lot of profit when I purchase a gold at now, and there is a lot of profit when I purchase it.”

However, the defendant did not have been able to receive profits through the resale of gold, and there was no intention or ability to pay profits according to the agreement even if he received investments from the injured party because he did not use them to purchase money even if he received money from the injured party.

On October 8, 2009, the defendant deceiving the victim as above and received 300,000 won from the victim's husband D under the name of the defendant's husband D on October 8, 2009, and received 12,200,000 won in total over 10 times from around that time to December 16 of the same year, as shown in the list of crimes in annexed crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing transfers;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general fraud [the person who has no basic area (from June to one year and six months) [the person who has been subject to special sentencing] [the decision of sentencing] was not completely recovered from the damage. However, the defendant deposited 2.5 million won for the victim, the defendant was supported by two children, supported by two children, living together, and against them, the sentence like the order should be determined in consideration of the fact that the defendant has committed the crime.