A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A is a person who was a de facto representative director of (State)B.

On October 9, 2010, the Defendant made a false statement to the effect that, at the B office in Gangdong-gu Seoul Metropolitan Government, the Defendant would allow the victim D to operate a franchise store by entering into a sales contract with the amount of KRW 20 million and the amount of KRW 5 million, a franchisee, and periodically order the victim D to take out the goods of the non-fash fireworks every month.

However, the Defendant, upon receiving a loan from a financial institution, etc. on July 2009, set up a right to collateral security of approximately KRW 1.58 billion in total with claims on the above factory site while moving to Chuncheon. From the beginning of 2010, the Defendant continued to operate its own due to the aggravation of its financial status due to unreasonable investment. On August 2010, the Defendant was unable to receive any more government subsidies, such as being notified of the non-government subsidies. On October 22, 2010, the Defendant decided to commence an auction at the above factory site and building, etc., and on October 22, 2010, the employees did not have any intention or ability to normally reduce the high-pollution products even if concluding a sales contract with the victim and receiving the deposit and franchise expenses.

Nevertheless, on November 10, 2010, the Defendant deceptioned the victim, and acquired 25 million won under the name of the deposit and the franchise from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Notification of the application result of the location subsidy application, certified copy of the registry, copy of the passbook, and deposit sheet;

1. Application of Acts and subordinate statutes to a report on investigation (an application for coal production and currency);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] General Frauds No. 1 (less than KRW 100 million) in the basic area (from June to one year and six months) [the person who is subject to special sentencing] [the decision of sentencing] is satisfied by the defendant.