A defendant shall be punished by imprisonment for four 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

The defendant is the representative director of the farming association corporation C, and D is the breeding and management director of the above corporation.

The Defendant instructed D to conclude an entrustment contract with the original breeding farm and the original breeding, and D falsely stated that “F” in the “F” located in Wood-si on February 2008, in accordance with the direction of the Defendant, in calculating the victim G as KRW 1,000 per 1,00,000 per the cover of the original fry to supply the original fyer, and then paid the breeding cost.

However, it was difficult for C to conduct normal business since October 2007, because the original value of the farmland has decreased and the feed value has increased rapidly. The debt amount under the name of the said corporation exceeded KRW 1.3 billion, and there was no particular property and there was no intention or ability to pay the commission fee even if C entrusts the original breeding to the original breeding farm because it did not have any property.

Nevertheless, on March 20, 2008, the Defendant: (a) by deceiving the victim as above; (b) received from the victim 2,590 horses of ducks from around March 20, 2008; and (c) from around May 29, 2008, the Defendant obtained the same amount of pecuniary gains by failing to pay KRW 16,416,250 out of the total commission fee amount of KRW 25,15,00,00 from the victim for eight times, as shown in the list of crimes, even though the Defendant received KRW 25,155 ma of the ducks from the victim.

Accordingly, the Defendant conspiredd with D, thereby acquiring property benefits equivalent to KRW 16,416,250 by deceiving the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police suspect interrogation protocol regarding D;

1. The police statement concerning G;

1. A criminal investigation report (in the capacity of the complainant);

1. Application of Acts and subordinate statutes concerning the settlement of breeding;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act (including the fact that the suspended sentence is recognized as a criminal offense, the fact that an agreement is reached with the victim, and the fact that there is no criminal record of suspended sentence or more