A defendant shall be punished by imprisonment with prison labor for up to 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

On December 2, 2012, the Defendant stated to the effect that, at the office of Orsck in Gangnam-gu, Seoul, the Defendant: (a) concluded a service contract with Orsck Co., Ltd. to sell multi-use facilities on behalf of the Defendant; (b) the Defendant would pay the sales commission equivalent to 1% of the sales commission upon completion of the sales contract with Orsckdong, Seoul; and (c) the Defendant would preferentially pay the sales payment after the completion of the sales contract with Usckdong, as the Defendant loaned KRW 50,000,000 to implement the terms and conditions of the contract with Uscker.

However, in fact, the defendant was not a party to sell the complex facilities in the city of new construction of the Seoul Gyeongdong, Seoul, and even if he borrowed money from the injured party, he did not have an intention or ability to pay the money.

The Defendant: (a) by deceiving the victim as above; (b) transferred KRW 10 million to the national bank account under the name of Okimc Co., Ltd. on December 21, 2012; (c) received one copy of the check at par value of KRW 10 million through Dong E of the victim on the same day; and (d) received five million to the said account on January 14, 2013;

1. 25. 25. The above account received each remittance of KRW 10 million and acquired 35 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of evidential materials submitted by a suspect), investigation report (Attachment of materials E by a witness);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order: (a) the background and content of the instant crime; (b) the degree of damage; and (c) the degree of damage was not properly recovered;

It cannot be seen, however, that the Defendant paid 6 million won to the victim, which is recognized to commit the crime.