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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who actually operates “C” in Busan-gu B.

On January 28, 2014, the Defendant, within the “C” factory around January 28, 2014, “The current financial situation is difficult to do so, and the main company must return well to the victim D.

In order to make an investment, 25% of the company's equity will be paid later by converting it into a corporation.

A false statement was made to the effect that "," and a summary statement was made to the same effect as the victim at the notary public's office located in Busan Northern-gu E on the same day.

However, in fact, the defendant did not use the investment fund as business fund even if he received the investment fund from the injured party, and did not have the intention or ability to implement it as agreed.

Nevertheless, the Defendant was transferred to the Busan bank account in the name of G, a representative in C, the sum of KRW 100 million on January 29, 2014, and KRW 50 million on February 3, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transfer of accounts of written agreement;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The scope of the recommended punishment [type 2], the amount of at least 100 million won, the amount of less than 500 million won (the amount of special sentencing factors] shall be mitigated elements: The area of reduction [the territory of recommendation and the scope of the recommended punishment], the area of reduction of the punishment, October through June.

3. Determination of sentence: A sentence of imprisonment with prison labor for not less than two years which is disadvantageous to a person who has been sentenced to imprisonment for a period of ten months: The defendant has no previous conviction heavier than a fine, the defendant has been sentenced to a fine for the same kind of crime but has been sentenced to a fine for a period of twenty years, and the defendant has agreed smoothly with the victim.