1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant made a joint investment and operation of the Deputy Director-General in C in the victim B and Chuncheon City C.

On March 2017, the defendant was scheduled to enter into a sub-lease contract with the head of the business office of the third party in order to operate the vice head of the third party, and the deposit amount is KRW 2 million and the premium amount is KRW 9 million.

One half of the costs are to be borne by the Government.

However, the defendant entered into a sub-lease contract to pay the monthly rent to the above Deputy Director without a deposit, and even if the above victim received the above money, he did not have an intention or ability to return it.

On March 18, 2017, the Defendant was transferred KRW 14.5 million to the account in the name of the Defendant for deposit and premium in around March 18, 2017.

On July 2017, the defendant continued to conclude the lease contract with the above victim "The third party is scheduled to enter into the lease contract directly with D, and the deposit is KRW 40 million.

One half of them must be borne by each party, which is returned upon the expiration of the contract period.

‘Falsely speaking, it shows false contracts in which deposit amount is KRW 40 million.

However, the defendant entered into a contract to pay the above monthly rent without a deposit, and there was no intention or ability to return even if he received the above money from the injured party.

Defendant was transferred 20 million won under the name of the Defendant’s name to the account in the name of the Defendant on July 25, 2017 from the damaged party as above.

Accordingly, the Defendant, as seen above, was issued a total of KRW 34.5 million from the injured party twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. E statements;

1. Complaint;

1. Details of deposit transactions;

1. Application of Acts and subordinate statutes governing recording records;

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

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):