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

On January 2014, the Defendant began to operate food machinery sales business with the trade name of “F” by leasing part of the “E” building of the victim D’s “E” in Daegu-gun, Inc. from the damaged party.

Around January 2014, the Defendant made a false statement to the effect that, “E” office for the victim’s operation, the Defendant tried to manufacture and supply 2 salted tank 2 to the salted fish wedled fish wed down in the pre-maned fish wedled fish wed down, so that the Defendant would pay the price to the victim if the 2 salted fish weded fish wed up.”

However, in fact, the Defendant did not have any special property at the time, and started the business by leasing part of the victim's building free of charge, was not in the situation where the business was operated well, and the money to be supplied with the sled fish cambling tank received from the injured party was thought to be used for the personal purpose of the Defendant, and thus, there was no intention or ability to pay the cost of the production even if it was supplied with the sled fish cambling

Nevertheless, around February 17, 2014, the Defendant received from the injured party the two tanks that have come into effect with a large amount of 21 million won at the market price from the injured party and acquired them by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the prosecution and the police with regard to D;

1. Written complaint and petition filed by D;

1. Delivery specifications and application of Acts and subordinate statutes to each investigation report;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence of punishment [the scope of recommendation] of Article 62(1) of the Criminal Act [the scope of recommendation] general fraud [one month to one year] of Article 1 of the Special Reduction Area (the special mitigation factor] [the special mitigation factor] or the degree of deception is weak, there are some circumstances considering the circumstances where punishment is not imposed or considerable damage is recovered [the decision of sentence]. The victim does not want the punishment of the defendant, and the defendant is the defendant.