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.

The Defendant is a person who operates a sports-making manufacturer with the trade name of “C” in Busan-gu.

In fact, even if the defendant received money from the victim as the price for physicalization supply from the beginning, he did not have the intention or ability to deliver physicalization.

Nevertheless, around September 30, 2016, the Defendant called “C” factory, and called “A”, a director of the Victim D Group (hereinafter “victim”) who is a sports chemical distribution company, to “A”, and made a false statement that “F sports chemicalization 34,00 satisfaction was already manufactured, and if only KRW 20,000 is remitted, delivery will be made immediately at the lowest.”

However, the defendant did not have a movement in his production, and even if he received the price from the victim company, he thought that he will use it for the repayment of his personal obligation, and did not have the intention or ability to deliver it to the victim company by making physicalization.

The Defendant, by deceiving the victim company, received KRW 20 million from the victim company to the Agricultural Cooperative Account (G) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of an investigation report;

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 suspended execution;

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 criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud; and

2. Determination of sentence of imprisonment by taking into account the circumstances leading up to the commission of the crime, the scale of damage, and the fact that most damage were not recovered; the defendant confessions the crime and repents his mistake; partly repaid the amount of damage; the defendant partly repaid the amount of damage; and other favorable circumstances, such as the defendant's age, sexual behavior, environment, family relationship, motive, means and consequence of the crime;