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

On July 24, 2009, the Defendant made a false statement to the effect that the victim E is named as the vice president of the said company at the D vice president office located in the Y-gun, Y-gun, Y-gun, Y-gun, and that the Defendant “I will supply scrap metal at least KRW 300 tons to the company that cutting off the iron plates. Our company now is the vice president of D, and our company is the company that cutting off the iron plates. Although it is supplied with scrap metal at other places, it will supply scrap metal at other places at the face of the week.”

However, in fact, the Defendant received and used the name of the vice president in order to conduct the business for receiving the quantities required by the above company, and was not a regular vice president of the above company. Accordingly, even if he received the advanced payment from the victim, he did not have the intent or ability to supply the scrap metal generated from the above company to the victim, even if he did not receive the advance payment from the victim.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the account in the name of F on July 24, 2009.

Summary of Evidence

1. Statement to the effect that “the Defendant has received KRW 10 million from E” in this Court

1. Each legal statement of witness E and G in part;

1. Part concerning the statement E in the second police interrogation protocol against the defendant

1. Each police statement related to E, H and G;

1. Application of the accusation of E, the specifications of transactions, and the Acts and subordinate statutes of E;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act (see, e.g., part of the reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant denies and does not reflect the crime, and that the damage has not yet been repaid, etc. are disadvantageous to the defendant.

However, the amount of damage is KRW 10 million, which is set forth in the standards for the suspension of execution of fraud in the sentencing guidelines (50 million).