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

The Defendant is a person who operates a “C Agricultural Partnership” in Chungcheongnam-gun, Chungcheongnam-gun.

On June 2014, the Defendant made a false statement to the victim D, stating that “Around April 2015, the Defendant would receive KRW 60 million as a subsidy by filing an application for a subsidy program with the victim D, and will stop displaying the ticket on the land of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. Even if the Defendant was not selected as a subsidy program operator, the Defendant would stop selling the ticket with KRW 60 million.”

However, since the defendant thought that he would use the above money to repay the account payable by his customer because the economic situation has become difficult due to the failure to grow the gassary mushroom cultivation, he did not have the intention or ability to refrain from paying the money even if he receives the money from the victim.

Around June 27, 2014, the Defendant, by deceiving the victim, received 30 million won in total from the victim to the Agricultural Cooperative (G) account in the F name, and acquired 60 million won in total, including 30 million won in the same account around July 16, 2014 and 30 million won in the same account.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police suspect interrogation protocol of H;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation report (the telephone call with I by the representative director of the Cagricultural partnership);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no basic area (6-100,000 won or less) (6-100,000 won or more) of types 1 (6-100,000 won or more) (6-10,000 won or more) of the Criminal Act. Although there is no unfavorable circumstance such as the amount obtained by the defendant from the victim from the victim, the decision of sentence does not amount to 60,000,000 won or more, the defendant reflects the mistake and agreed with the victim, there is no past and beyond the suspended sentence, and there is no criminal history of the defendant's age, environment, details of the crime,