2.Provided, That the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive;

On November 1, 2012, the Defendant was sentenced to four months of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on May 8, 2013.

On July 14, 201, the Defendant: (a) around July 14, 201, at a law firm D office located in Busan Metropolitan Government, and from the victim F, who operated “E,” to receive KRW 3,000,000 as a prepaid payment; (b) prepared a notarial deed stating the payment of the said prepaid payment from the victim until January 14, 2012; and (c) made a false statement to demand the victim to attend work from the victim on July 18, 2011 that the victim would work for an additional amount of KRW 2,00,000,000 on a face of the victim.

However, the Defendant received a prepaid payment from the victim and decided to pay the prepaid payment to an employee of an entertainment drinking club, and the Defendant did not have any intent or ability to pay the said prepaid payment within the agreed period at the above main point.

As above, the Defendant, by deceiving the victim as above, was transferred KRW 5,00,000,000 in total, around July 14, 201, and around July 18, 201, to the Agricultural Cooperative Account in the name of G, under the pretext of advance payment from the victim. < Amended by Presidential Decree No. 23293, Jul. 14, 2011>

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A copy of a notarial deed;

1. Records before judgment: Application of Acts and subordinate statutes, such as inquiry reports on criminal records, etc., report on the previous records of disposition, results of confirmation, and case agreement assistance;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., reflectability, recovery of damage and not more than punishment, and relatively small amount of damage);