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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On March 23, 2018, the Defendant: (a) around 23, 2018, the Defendant sent the said horses to E to the victim D’s model, “A Fund is required to install and operate waste recycling facilities in the Jinan-gun, Jin-gun, Jin-gun, North Korea. If the FF purchased money, the Defendant borrowed money as a business fund and would create a second priority mortgage on the said land”; and (b) had E deliver the said horses to the victim.

However, on January 25, 2018, the Defendant entered into a contract to purchase the above land and failed to pay down payment, and thus, the contract was de facto terminated. The money received from the victim was merely used as personal debt repayment, living expenses, etc., and was in bad credit standing because it was impossible to pay the card price, etc. at the time, and there was no intention or ability to conduct business as it was impossible to raise funds other than the money received from the victim.

Nevertheless, on March 28, 2018, the Defendant received KRW 100 million from the victim as the borrowed money, and acquired it by fraud.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. The police statement and the investigation report (to hear the statement of the appellant E);

1. A detailed statement of entry and withdrawal, and application of Acts and subordinate statutes;

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 (hereinafter “the grounds for suspended sentence”)

1. The scope of punishment by law: One month to ten years;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of type) [the range of punishment] according to the sentencing guidelines shall be not less than one hundred million won or more than one hundred million won, less than five hundred million won (type 2] (the special sentencing factor] (the range of recommending area and recommendation range), the reduced range of punishment not exceeding the amount of punishment [the range of recommending area and recommendation range], the reduced range of punishment, ten months to six months

3. Determination of sentence: Ten months of imprisonment, the period of suspension of execution of two years, taking into account the following circumstances, and the age, motive for committing a crime, and other factors.