A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

At around 17:00 on November 1, 2012, the Defendant sent a phone call to the victim C to “if there is an idea to operate a brine restaurant at the D apartment construction site, 12 million won should be changed.”

However, in fact, the defendant did not have the right to sell and purchase the above 200 restaurant operating right and received money from the victim and was the purpose of reducing the wages of the 2000s.

Nevertheless, the Defendant, as seen above, made a false statement to the victim as if he had the right to operate the Haba restaurant, and received cash of KRW 12 million from the “F” restaurant operated by the victim in Chuncheon-si, Chuncheon-si, on November 2, 2012, and received a delivery of KRW 19.5 million in total nine times until the Habman on March 2013, as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order [Determination of Punishment] Fraud - Where types 1 (less than KRW 100 million) (Special Convicts) are reduced [Determination of the area of recommendation], in cases where the elements of mitigation are not punished or considerable damage is recovered, [Determination of the area of recommendation] 1-1 year [Scope of recommendation] mitigation [whether or not a suspended sentence is suspended] - Where the amount of positive damage is considerably small or considerable damage is recovered: In a case where the amount of positive damage is considerably small or considerable damage is recovered, the reason not to punish - In a case where there is a negative criminal for the same kind of crime or more than two times: the area of recommendation of suspension of execution [Determination of sentence] has the same kind of criminal offense, including the two previous criminal offenses, it is strictly required to punish the defendant. However, the crime