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

Around December 24, 2018, the Defendant operated the “C” company located in Gyeonggi-si B, Gyeonggi-gu, Gyeonggi-do, with the purport that “A” the victim D would be paid KRW 50 million by January 30, 2019, if the machinery value in the said company exceeds 10 billion and the said company would immediately bring about KRW 3 billion in foreign country. The Defendant, at the same time, said that “A” would be paid in KRW 50 million by January 30, 2019, if he/she loans KRW 30 million.”

However, at the time, the defendant did not operate the Dispute Resolution Association, did not have any machinery equivalent to ten billion won, and did not have to attract more than 3 billion won overseas, and there was no property owned without any certain revenue, and there was no intention or ability to repay it even if he borrowed the above money from the victim.

As above, the Defendant, by deceiving the victim as above, was issued one cashier’s check number F on the same day from the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes on cash custody certificates, cashier's checks, certified copy of a notarial deed, and machine quotations of the defendant's legal statement D;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. Determination of sentence: The amount obtained by the defendant for four months (two years of suspended sentence) of imprisonment with prison labor, and the defendant has a record of being punished several times for the same crime;

However, the defendant paid the acquired money to the victim late and agreed with the victim.

All of these circumstances, including the age, character, and environment of the defendant, and the circumstances after the crime.