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

On March 15, 2018, the Defendant stated “D” in the written indictment of the victim C in Jindo-gun, Jindo-gun, Jindo-gun, but according to the evidence submitted, the name of the victim is recognized as “C.” Since the above written indictment is apparent that it is a clerical error, it is corrected as above. The Defendant made a false statement to the effect that “The victim would pay KRW 24 million to the victim by June 2018, if he/she supplies KRW 100,000,000,000,000,000 won.”

However, at the time of fact, the Defendant did not have any intention or ability to pay the amount in time to the victim because, even if the Defendant sold the uniform delivered by the victim as the financial situation is not good, it was thought that the amount would be used for the repayment of the existing obligation and living expenses, etc.

Nevertheless, the defendant deceivings the victim as above, and acquired the victim with a total of KRW 100,000,000 from the victim's market price on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A statement demanding the payment of goods;

1. Details of the account opened in the name of the defendant;

1. Application of the credit information reply statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: The amount of profit acquired by the defendant for 8 months of imprisonment and 2 years of suspended sentence is considerable to KRW 24 million, and the damage has not been recovered up to now, and the victim has not agreed with the defendant: Provided, That the defendant recognized and reflected the crime.