A defendant shall be punished by imprisonment for not less than eight months.

However, 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

Around December 9, 2017, the Defendant stated that “The Defendant was in custody of approximately KRW 2,600 stuffs in six freezing stores located in Busan, and was borrowed as security, the Defendant may immediately supply the raw vessels stored in one freezing warehouse at the same place when preparation is made for KRW 20 million.”

However, even if the defendant received money from the victim as a livelihood payment, it is obvious that the defendant prosecutor stated "victim" in the indictment, but it is obvious that it is a clerical error in "the defendant."

Therefore, it is determined that such recognition does not bring about a substantial disadvantage to the defendant's right of defense, and therefore, the above facts constituting the crime should be stated without the amendment process.

At the time, the freezing vessel was thought to be used for personal purposes, and at the time, the said freezing vessel was provided as collateral for E, so it was in need of a volume of KRW 170 million in order to release it, so there was no intention or ability to deliver the vessel to the victim even if it was delivered by the victim.

As above, the Defendant, by deceiving the victim as above, was issued two copies of a cashier’s check from the victim’s place to which he belongs, for the purchase price of the 10 million won in bulk.

Summary of Evidence

1. A statement made by the witness D in this Court;

1. Statement D in the suspect examination protocol (D and comparison) of the accused prepared by the public prosecutor;

1. Statement D in the second interrogation protocol (D and comparison) of the accused in the police preparation on the accused;

1. The first written statement of the suspect interrogation protocol against the defendant prepared by the police;

1. Entry of each statement of the police officer D and F in the statement; and

1. Description of a petition for complaint filed in DNA;

1. Statement (including attached documents) of investigation reports (including reports on the use of a suspect A voluntarily submitted) by police officers;

1. To attach a statement of reply upon a request for investigation cooperation for the preparation of representative director of the G stock company;