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

On May 29, 2014, the Defendant made a false statement to the victim E (hereinafter referred to as “D”) to “B” (hereinafter referred to as “F”) as the representative director of the Company F Co., Ltd. (hereinafter referred to as “F”), a specialized bicycle-related magazine, to supply souvenirs in relation to the G Games, and to use the amount of KRW 25 million as the cost of producing souvenirs if he/she remitted the amount of KRW 25 million, and to pay KRW 34 million including the principal and the profits thereof by September 15, 2014.”

However, in fact, the above FF, which was operated by the Defendant, did not provide the salaries of the employees of the company from March 2014 to around April 1, 2014, and it was difficult to use the bonds as operating expenses for the company by lending them under the second financial right. Therefore, the money received from the victim was thought to be used as operating expenses of the company rather than the cost of manufacturing commemorative products, and even if the price of the supplies of souvenirs is paid from the exercised Organizing Committee, it was not possible to appropriate it as operating expenses of the company. Therefore, even if it was paid by the exercise Organizing Committee, even if it was remitted from the victim, there was no intention or ability to pay the principal and earnings as promised by the victim.

Ultimately, around April 30, 2014, the Defendant, by deceiving the victim as above, got transferred KRW 25 million to the bank account (Account Number H) in the name of the Defendant from the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of police statement of E and I;

1. A complaint;

1. Details of account transactions of the accused as a result of credit information inquiries by the accused;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of documents to be submitted by a complainant), investigation reports (J telephone investigation by a reference witness who was ex officio), investigation reports (Submission of detailed statement of bank transactions by a suspect);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the range of recommendations] the types of general fraud (the amount less than 100 million won).