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

The Defendant is a person who operates a release store on bail on the fourth floor of the D Center in Seocho-gu Seoul Metropolitan Government with the trade name of “E”. The Defendant was issued a total of KRW 4,254,00 from the victim by deceiving the Victim F as follows.

1. On September 2009, the Defendant stated to the effect that “B shall sell the Montreal purchase fund to B, on the face of Smond, with the said money, return it to B at a low price after delivery, and make the sales proceeds to B,” at the office of the said release store. However, even if Lmond purchased the money with the money received from the victim, the Defendant did not have the intent or ability to reduce the sales proceeds to the victim.

As above, the Defendant received false statements from the victim as above, KRW 7.9 million, around September 2, 2009, KRW 14 million around December 9, 2009, KRW 4 million around December 15, 2009, KRW 3.2 million around January 13, 2010, and KRW 29.1 million in total from the Defendant’s agricultural bank account.

2. On September 2009, the Defendant loaned money to the victim at the office of the Haman's Had on bail with the following purport that "I wish to provide the customer with the Damond as collateral and pay interest at 30% per annum, if I wish to lend money to B. I wish to do so by the customer." However, even if I borrowed money from the victim, I did not have any intention or ability to repay the money.

As above, the Defendant received false statements from the victim as the borrowed money, and received KRW 672 million on October 1, 2009, and KRW 6720,000,000 on November 21, 2009, and KRW 1344,00 from the Defendant’s Agricultural Cooperative Account as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each letter;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the first sentence of Article 37, and Article 38(1)2 and Article 50 of the Criminal Act are heavier.