A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On November 12, 2009, the Defendant: (a) at the water business site called CD located in Sititu City around November 12, 2009; (b) notwithstanding the fact that the Defendant received an investment money from the victim E, the Defendant acquired the money from the victim to the account in the name of the Defendant’s wife F, and then acquired the money by means of the Defendant’s transfer of KRW 10 million to the account in the name of the Defendant’s wife F on the same day, on the same day.

2. On May 17, 2010, the Defendant made a false statement to the victim stating that “The Defendant shall pay the money to the victim, if he/she borrowed the money from the victim, and even if he/she did not have any intent or ability to pay the money from the victim, he/she shall also pay the money to the victim in his/her own name, and shall pay three additional interest on the same day.”

6. On 15.4 million won, a total of eight million won was remitted to the said Nonghyup Bank account and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

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

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act for the reason that the suspended sentence is more than a fine (i.e., the criminal records of the same kind are fined once for the defendant, the payment of 4930,000 won with profits to the victim, and the victim expresses his/her intention not to