A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant introduced the business of removing the Incheon C factory to the victim B and made use of the business fund from the victim by advertising it. On June 24, 2007, the defendant stated that "a loan of KRW 100 million to the business fund is changed. When C factory removal begins, the defendant would immediately be repaid."

However, in fact, the defendant did not have any particular property at the time, and only financial institution's debts were 30,000 to 40,000,000 won, and the above C-factory removal work was not actually finalized, and therefore there was no intention or ability to repay it normally even if he borrowed business funds from the

Nevertheless, the defendant deceivings the victim as above, and obtained KRW 100 million from the victim's position and acquired it by fraud.

Summary of Evidence

1. Court statement made by the defendant on the three-time trial date;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of each police station;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 of the Criminal Act applicable to the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] general fraud [the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] and the special mitigation area ( May to two years and six months), i.e., the special mitigation area (special mitigation area), or the degree of deception is weak, or the punishment is not paid or considerable damage is recovered (the decision of sentencing is made], and the punishment is determined as per the order.

The favorable circumstances: The victim agreed with the defendant and does not want to punish the defendant, there is no special penalty power other than the punishment power for the same suspension of execution as long as the defendant has old, and the defendant appears to have an attitude to recognize and reflect the crime: the amount of damage is not significant, and the records and arguments of this case are shown in the age, health and environment of the defendant.