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

1. Around December 1, 2009, the Defendant stated that “Around December 1, 2009, the victim B made a false statement to the effect that “I wish to hold a telecom on land C, D, and E, and if there is a lack of expenses, the apartment will be redevelopment, and if there is a lack of expenses, I wish to lend the money to the Defendant to repay the money by selling the apartment.”

However, in fact, there was almost no actual progress, and even if the defendant received money from the injured party, he thought that he would use it as investment funds of stocks and living expenses. In the process of purchasing the above land, he had a debt equivalent to 300 million won in the financial rights in the process of purchasing the above land, not only was he had a debt equivalent to 780 million won in the financial rights, but also had no intention or ability to pay the money normally even if he borrowed money from the injured party.

As such, the Defendant, by deceiving the victim, received 40 million won from the victim to the bank account of the name of the defendant on the same day.

2. On June 17, 2011, the Defendant concluded that “Around June 17, 201, the Defendant would make payment of the said money to the victim B, with a loan exceeding KRW 10 million as much as it is urgently required.”

However, even if the defendant borrowed money from the damaged person as described in paragraph 1, he did not have an intention or ability to repay it normally.

As such, the Defendant, by deceiving the victim, received money from the victim to the account of the Defendant’s name on the same day from the victim to the account of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. A written complaint and a written statement;

1. The defendant asserts to the effect that he/she had an intention or ability to repay, even if he/she borrowed money, he/she did not intend to acquire money.

However, in full view of all the evidence in the judgment, it is actually possible.