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

The defendant is a person who operates a video recording trading company and a research and development company with the trade name of Goyang-gu C.

On August 8, 2015, the Defendant issued a false statement to the victim that “If the Defendant imported and sold the raw materials (part) directly produced and assembled in Taiwan by August by the end of August in the office of G Co., Ltd. operated by the victim F in Gwangju Mine-gu E and the second floor, the Defendant would pay 70 million won including the amount of 50 million won if the Defendant invested KRW 50 million to the victim,” while the Defendant stated that “if the Defendant would pay KRW 50 million to the victim, the Defendant would pay KRW 70 million including the amount of 20 million for profits within 1 to 2 months.”

However, even if the defendant received money from the victim, he did not think that he would use the money for the defendant's living expenses and debt repayment, and did not think that he would invest the above money in the business of importing and selling raw materials for recording, and there was no intention or ability to pay 70 million won including 20 million won in the amount of debt equivalent to 2.1 billion won at the time, and there was no intention or ability to pay to the victim.

Nevertheless, on August 7, 2015, the Defendant deceptioned the victim as above, and acquired 50 million won from the victim’s bank account (I) with H’s corporate bank account (I) on August 7, 2015 (22 million won from among the transferred KRW 72 million).

Summary of Evidence

1. Defendant's legal statement;

1. F's statement among the interrogation protocol of the accused by the prosecution;

1. The F’s statement;

1. A remittance passbook copy; and

1. Application of Acts and subordinate statutes to an investigation report (an excessive obligation of a suspect and a report on arrears), response data to the credit information inquiry council;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General Fraud (less than KRW 100,000) is mitigated (one month to one year) (special mitigation).