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 the representative director of C Co., Ltd. and the victim D traded with the Defendant’s management company from February 2013 to May 2013 as the representative of E Co., Ltd.

On February 2, 2013, the Defendant made a false statement to the effect that “If a promissory note is issued at a discount of this bill and is used to send 90 million won to the bank later, the Defendant would make a settlement with the money later.”

However, the fact is that there was no balance in the current account under the name of the defendant at the time, and there was no particular asset, and the said C Co., Ltd. operated by the defendant did not have an intent or ability to settle it on the date of payment of the said promissory note, even if it was delivered KRW 90 million from the victim because it was at the stage of closure of business due to business difficulties (closed on May 30, 2013).

As such, the Defendant, by deceiving the victim as such, obtained money from the victim to the bank account (I) in the name of Korea Co., Ltd. in the name of the victim C on May 15, 2013, 24 million won, 28.2 million won on the 29th day of the same month, and 90 million won on the 440 million won on the 29th day of the same month.

Summary of Evidence

1. Defendant's legal statement (third time);

1. D's legal statement;

1. Details of bankbooks;

1. (Each Application of Acts and subordinate statutes as a copy of promissory note;

1. Selection of imprisonment with prison labor under Article 347(1) of the Criminal Act applicable to the relevant criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation]: General fraud (less than KRW 100 million) mitigation area (one month to one year): Reduction element: in a case where punishment is not granted or where considerable damage has been recovered (decision on the suspended sentence] the degree and method of deception, the degree and method of deception, the victim and the victim have not been punished by mutual consent. The defendant is late later.