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

[2018 High Court Decision 540]

1. On April 15, 2015, the Defendant would lend the victim C only KRW 20,000,000,000,000,000,000 to the victims at a mutual beauty art room located in the Dae-gu Culture Complex during the Dae-gu, Seoul, Seoul, and the Defendant would provide the victim C with an extended amount of KRW 1,00,000 per month.

“.....”

However, at the time, the Defendant had an obligation to pay approximately KRW 86 million, and even if he/she had an obligation to pay the time, he/she had been already in existence.

It was planned to use 86 million won to repay the debt, and even if it was not able to repay the debt, it did not have any intent or ability to repay the debt from the damaged party due to the lack of any revenue to the extent that it was possible to repay the debt.

The defendant acquired money from the injured party in cash of KRW 10 million on the same day, and acquired money from the injured party, and received money of KRW 10 million from the agricultural bank account in the name of his father (number: E) around the 17th of the same month.

2. On January 4, 2016, the Defendant may not receive a loan from the victim C with a high credit rating because of the loan of internal card loan to the victim C within G cafeteria located in the Seoul Special Self-Governing Province F of the Seoul Special Metropolitan City.

The credit card payment will be made with the loan of KRW 20 million prior to the receipt of credit card loan after lending KRW 4 million.

“.....”

However, at the time, the Defendant had a debt amounting to KRW 20 million, and even if he/she borrowed money from the injured party due to lack of economic ability, he/she did not have an intent or ability to repay it.

Around the 5th of the same month, the Defendant acquired 4 million won from the damaged party to the Agricultural Cooperative Account (Serial number: E) in the name of the Defendant’s father.

[2018 Highest 2030]

3. On February 2012, 2012, the Defendant was at the I restaurant operated by the Defendant, which was located in the Ha of the North Korean War, and the facts were at the time, at two restaurants, such as the above cafeterias, and the Plaintiff did not pay taxes in arrears and did not pay the interest on bank loans from time to time, and the cafeteria was at the time applied for auction. Therefore, the Defendant’s intent or ability to pay money from the victim J even if he borrowed money.