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

Around December 2017, the Defendant, at the office of the victim C located in Gwangju Mine-gu, stated that “The forest owned by the Ministry of National Defense located in No. 11 U.S. children’s child birth in the Gwangju Mine-gu shall be put out by public auction. If the forest owned by the Ministry of National Defense is KRW 640,000,000,000,000,000,000,000,000,000,000 may be put out by public auction. In March 31, 2018, the Defendant would return the proceeds of public auction by no later than March 31, 2018.”

However, at that time, the defendant tried to use the forest and fields owned by the Ministry of National Defense for the repayment of other obligations of the defendant, even if there was no clear guarantee of public sale and the money received from the victim.

As such, the Defendant, by deceiving the victim, received cash of KRW 200 million from the victim on December 15, 2017. On January 11, 2018, the Defendant acquired money by transfer of KRW 440 million to the account of Nonghyup Bank in the name of the Defendant’s wife (Account Number: E).

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. The statements of witnesses C, F and G in the second protocol of trial;

1. Confirmation of the results of transfer and recording;

1. Application of Acts and subordinate statutes to each investigation report (including each accompanying document No. 5, 6, No. 5 of the evidence list);

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "the reason for sentencing") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The range of recommending punishment according to the sentencing guidelines [the range of recommending punishment] according to the sentencing guidelines (the range of recommending punishment], the range of punishment [the range of recommending punishment and the range of recommending punishment], and one year and six months through four years in imprisonment, in cases where the punishment is not granted or a significant damage is recovered;

3. Sentence;