A defendant shall be punished by imprisonment with prison labor for not more than ten 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 March 22, 2014, the Defendant, at the office of Changwon-si Co. D (hereinafter referred to as “D”), has the victim E with the right to conduct a project for gathering Vietnam soil and stones (hereinafter referred to as “the right to conduct a project for gathering the earth and stones of this case”) 1.54,000,000,000 from the former Sinsan-si, Gunsan-si, and 39,000.

1. A false statement was made to the effect that an investment would make half of the profits if it is made.

However, in fact, from March 2013 to September 2013, the Defendant failed to acquire the instant business rights from H, the representative of G Co., Ltd. (hereinafter “G”) to pay part payments of KRW 12.5 billion, and the instant contract was reversed in 2013, and even if the Defendant received investment money from the injured party, it did not have the right to operate a business of collecting earth and stones or to generate profits.

Nevertheless, the Defendant obtained from the injured party the delivery of a promissory note with a face value of KRW 1.5 million and a face value of KRW 95 million from the face value in the face value.

Summary of Evidence

1. The defendant's partial statement

1. A protocol concerning the examination of witness E and the defendant under each court of Grade H concerning each of the prosecutor's offices;

1. Statement by each prosecutor's office with respect to E and H;

1. Statement made by the police for E;

1. Determination as to the assertion by the defendant and his/her defense counsel on two copies of promissory notes, etc., custody certificate, business registration certificate, copy of the check, permit for gathering soil and stone, sales contract, certificate of seal impression, government certificate of registered matters, certificate of registration (transfer/acquisition contract) and record paper

1. On March 22, 2014, at the time when the Defendant received a promissory note, etc. from the injured party, the Defendant had the right to the instant earth and stone gathering business right, and the promissory note and the check issued by the injured party did not cause property damage to the injured party with the altered securities. The Defendant did not have the intent to obtain by fraud.

2. Determination

A. First, on March 22, 2014, the Defendant has the right to the instant earth and stone gathering business.