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

On September 10, 2010, the Defendant stated to the victim F in the E coffee shop located in Ulsan-gu, Ulsan-gu, U.S., that “When the price of rice satisfeed, when rice satisfeed, the Defendant would be sold, and the Defendant would be urgently needed to buy oil to be used in the gas station, and the Defendant would lend KRW 280,000,000 to the returner for one year, and the returner for 20,000,000 won.”

However, in fact, the Defendant intended to use the borrowed money to take over the head office, so there was no intent to invest in the purchase of oil, and there was no ability to pay the money even if the Defendant borrowed money from the victim because he was liable to pay the amount equivalent to KRW 100 million at the time.

Nevertheless, on September 20, 2010, the Defendant, by deceiving the victim as above, received KRW 280 million from the victim’s account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to accusations and notarial deeds;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act include the following: (a) the Defendant, who acquired money from the victim, was not a considerable amount of KRW 280 million; and (b) the Defendant’s failure to repay the money to the victim was made intimidation with non-founded sources of intimidation; (c) the Defendant appears to have suffered economic and mental pain, such as face-to-face removal from his children; and (d) the Defendant’s instant case appears to have suffered from such economic and mental pain; and (e) the Defendant’s decision to punish him/her

However, the execution of a sentence shall be suspended in consideration of the fact that the defendant is trying to repay a small amount of money for the victim's repayment, the fact that the defendant agreed with the victim during the trial of this case, and that the mistake is against the victim.

The risk of re-offending.