A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a person who operated the “C” company manufacturing the website.

On November 12, 2012, the Defendant made a false statement to the victim D who requested the production of a website “to be made available on the website immediately, and to be made only within the day,” and the written contract was drawn up on November 13, 2012 at the Daejeon Dong-gu office, Daejeon, Dong-gu, Daejeon, that read “to be made on the website from November 13, 2012 to December 24, 2012, KRW 3.5 million, intermediate payment, and KRW 4 million, at the victim’s office on the third floor above the Daejeon-gu, Daejeon, Daejeon.”

However, in fact, the Defendant was in a situation in which the “C” company operated from June 2012 was reduced due to the difficulties in its management, and even if the Defendant received the cost of production on the website from the injured party due to the delinquency in the expenses and personnel expenses related to the operation of the company, it was thought that it would be used as the operating expenses of the company, so that the Defendant did not have

On November 13, 2012, the Defendant, by deceiving the victim, received KRW 10 million in cash in relation to the production cost of the website from the victim, as the contract deposit and intermediate payment on or around November 13, 2012, KRW 2 million in cash on or around December 2012, and KRW 14 million in the account in the name of pro-friendly F around December 2012, the Defendant received each delivery of KRW 2 million in total from the Defendant’s one bank account in the name of pro-friendly F.

Accordingly, the defendant was given a delivery of KRW 14 million by deceiving the victim.

Summary of Evidence

1. The defendant's second oral statement;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as a complaint-contract;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act of the Suspension of Execution (Article 62(1) of the Criminal Act provides that the defendant is guilty of and reflects the crime of this case, that the defendant has repaid the amount of 14 million won out of the amount of defraudation, that the defendant has not been guilty of the same offense and has only one fine due to the crime of this case, and that the defendant supports the parents of Trade Union and Labor, regardless of whether he is sick.