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 of the final judgment.

Punishment of the crime

1. On August 2010, the defrauded concluded a original breeding consignment agreement with the original farm construction site in which C, located in the former, Chungcheongnam-gun, U.S., and with E, the employee of the victim corporation D (hereinafter “D”), the Defendant entered into the original breeding consignment agreement. The Defendant concluded the original breeding consignment agreement, stating, “The aforementioned advance payment would be deducted from the commission for raising fees, while it would be supplied with the original 80 million won as advance payment for raising, if the construction cost, etc. is required, if the Defendant would be paying KRW 80 million as advance payment for raising.”

However, the above farm was owned by C who leased the above land from the defendant, not the defendant, and there was no agreement with C on the above entrustment of raising. Therefore, even if the defendant received advance payment from the victim, he did not have the intention or ability to raise and deliver the original, as agreed with the victim.

The Defendant received KRW 10 million from the victim on August 20, 2010, and KRW 70 million on August 31, 2010 from the victim, respectively, to the agricultural bank account under the name of the Defendant, respectively.

Accordingly, the defendant was given a total of KRW 80 million by deceiving the victim.

2. As stated in Paragraph 1, the Defendant: (a) by deceiving D to receive advance payment; and (b) asked D to return advance payment from the victim’s owner; (c) asked the victim to deliver the original to D; and (d) agreed to pay to the victim a fee for raising that is paid to the Defendant’s account from D.

Accordingly, the Defendant received KRW 3,448,950 on March 22, 2012, KRW 1,101,190 on June 18, 2012, and KRW 2,438,980 on August 28, 2012 from D to the agricultural bank account in the name of the Defendant, respectively, under the name of the breeding fee for the original supplied by the victim, and transferred KRW 3,220,000 on March 22, 2012.