A defendant shall be punished by imprisonment for four 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

The defendant was urged to pay approximately KRW 40 million, and because the management aggravation and the payment of the stone price to the customer has been kept confidential due to the aggravation of business management and the interest on bonds, even if he received the stone price from the victim B, he did not have the intent or ability to deliver the stone to the victim.

1. On May 23, 2014, the Defendant would supply the victim with stone equivalent to KRW 18 million in total to the pre-existing victim on the face of transfer of KRW 10 million to the Agricultural Cooperative Account under C, an employee.

The phrase “ makes a false statement.”

On May 23, 2014, the Defendant, by deceiving the victim, was delivered KRW 10 million to the Agricultural Cooperative Account in the name of C as the price for stone to the victim.

2. On May 30, 2014, the Defendant would supply the victim with the stone that was not supplied prior to the face of a loan of additional KRW 18 million to the victim, along with the stone that was not supplied.

The phrase “ makes a false statement.”

On May 30, 2014, the Defendant, by deceiving the victim as such, received KRW 18 million from the victim, to the Agricultural Bank Account in the name of the Defendant under the name of the Defendant, as the price for stone.

Accordingly, the Defendant, as seen above, got a total of KRW 28 million from the injured party by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against B; and

1. Application of Acts and subordinate statutes to each of the certificates, process certificates, and payment notes as a result of the electronic financial transfer;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protection observation and observation under Article 62-2(1), main sentence of Article 62-2(2), and protection observation under Article 62-2 of the Criminal Act.