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

1. On October 10, 2013, the Defendant made a false statement that “Around October 10, 2013, the Defendant would make a profit of 10% if the cost of purchasing raw materials is insufficient to deliver it to the Jinhae Base by telephone to the victim D, and the principal would be deposited into the account after a week.”

In fact, even though the Defendant did not deliver to the Jinhae Base and did not have any intent or ability to complete the payment even if he borrowed money from the victim, he received 9 million won from the victim to the post office account (E) account in the name of the Defendant on October 14, 2013.

2. On October 16, 2013, the Defendant made a false statement to the effect that “Around October 16, 2013, the Defendant, by telephone, supplied the victim to the Jinhae Base at an irregular place, and that “A further need, if the cost of purchasing raw materials is needed, a further loan of KRW 10 million would also bring about a profit of 10%, and the principal would be deposited after a week.”

In fact, even though the defendant did not deliver to the Jinhae Base and did not have any intent or ability to complete the payment even if he borrowed money from the victim, he received 9 million won from the victim to the same account on October 18, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a beneficiary certificate) and a detailed statement of deposit transactions (Evidence No. 19);

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : fraudulent crime group, general fraud (type 1), special mitigation area, imprisonment with prison labor for one month to one year (decision of a sentence] 4 months, suspended sentence for the same kind of imprisonment with prison labor for two years (decision of a sentence), two times each of the fines (before 1999), the minor damage resulting from a 15-time fine, and the recovery of damage.