A defendant shall be punished by imprisonment for one year.

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

1. The Defendant, under the pretext of advance payment, was a person with the total sales right in Busan and Ulsan District, a stock company that produces automatic temperature control valves, etc. for heating.

On October 10, 2007, the Defendant entered into a contract with the victim C to establish a local sales agency of the "B" located on the second floor of the building D, Suwon-gu, Busan, and Ulsan-gu, Busan, the Defendant made a false statement to the effect that "B will deposit money under the name of advance payment with the head office and return advance payment within two months upon termination of the contract."

However, at the time, the Defendant did not have any particular property or income, and was in need of urgency, such as bearing a guarantee obligation equivalent to KRW 800 million, so even if receiving money from the victim, there was no intention or ability to return the advance payment even after the termination of the contractual relationship with the head office.

As such, the Defendant, by deceiving the victim as above, obtained KRW 30 million on the same day under the pretext of advance payment, and obtained KRW 30 million on October 18, 2007, respectively, and fraudulently acquired KRW 60 million in total.

B. Around November 12, 2007, the Defendant, at the above “B” office, by deceiving the victim E by the above means, and then deceiving the victim E on the same day under the name of advance payment from the victim, and acquired a total of KRW 50 million from the victim on November 29, 2007, respectively.

2. Around March 5, 2010, the Defendant made a false statement to the effect that “Around March 5, 2010, the Defendant would refund the amount borrowed from the advance payment to the victim E by borrowing coal import expenses from the Southern Power Station, while making a talk with the victim as set forth in paragraph 1(a).”

However, the defendant at the time of fact.