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

1. Around December 29, 2014, the Defendant had the intent to receive money by deceiving the victim C (L, 74 years old) (hereinafter referred to as “C”) known at the F station located in the E Station located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu.

On January 3, 2015, at least 10:10, the Defendant, at the fifth floor of the branch of the Korean Racing Association, located in the 2-gil-ro 33, Dongdaemun-gu, Dongdaemun-gu, Seoul, Seoul, 2015, concluded that the Defendant “in the Republic of Korea, the Defendant is an internal bicycle racing employee.” The Defendant made three teams of the Republic of Korea as one team of the Republic of Korea, and 7 teams are working in the Haan Dong-dong, Young-gu, and New-dong. The Defendant would definitely receive KRW 100,000 won annual revenues, and will return the principal on the following day.”

However, in fact, the defendant was not a bicycle racing employee, and the defendant was thought to use the money received from the victim for betting on the bicycle and motorboat racing individually, so even if he received money from the victim, he did not have the intent or ability to return the money invested.

The Defendant received 5 million won in cash from the victim as investment money on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 3, 2015, the Defendant: (a) around 19:30 on the G road in Gwangjin-gu Seoul Special Metropolitan City, the Defendant: (b) got off the cell phone from the catus to report if the said victim did not return the money; and (c) gallon S5 mobile phone equipment owned by the victim, which is the market price of the victim’s hand, was 1 million won.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning police seizure records;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 329 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.