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

The defendant was a person who operated D Co., Ltd. in Soyang-gu Seoul Metropolitan City C.

On November 2009, the Defendant stated to the victim E that “If a physical distribution company temporarily finds it difficult for the Defendant to carry on a physical distribution business, the Defendant may collect money from the Defendant through Law Articles (Articles remaining after being sold in the clothing store) if the physical distribution business is smooth, the business may be normalization if the physical distribution business is conducted, and if the physical distribution business is well carried out, the amount of KRW 70 million to KRW 80 million may be repaid each month, and if the physical distribution business is well carried out, the amount of KRW 6 million shall be repaid each month.”

However, the Defendant’s management had little possibility of operating the Plaintiff normally in the future immediately before October 2009 (the closure of business on May 24, 2010), and had a total of KRW 500,000,00,000, including loans, unpaid logistics expenses, etc., and the Defendant was also liable to the other party as a bad credit holder at the time. Therefore, even if the Defendant borrowed money from the injured party, it was difficult for the Defendant to use it in the repayment of personal debt, etc., and to normalize the said corporation. Therefore, the Defendant did not have any intent or ability to repay the borrowed money to the victim.

Ultimately, the Defendant: (a) by deceiving the victim as above; (b) received from the injured party a check of KRW 30 million as a loan from the injured party on November 17, 2009; and (c) received a total of KRW 69.6 million from around that time to April 3, 2010 as indicated in the List of Crimes; and (d) received a check of KRW 69.6 million from around that time to around April 3, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The loan certificate;

1. Recording notes or recording notes (E-A);

1. An inquiry into account details and transaction details;

1. Application of Acts and subordinate statutes to each copy of a check, a copy of a deposit certificate, a copy of a check before himself/herself, and a statement of information

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

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

1. The scope of punishment by law;