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.

On October 20, 2014, at the E office operated by the victim D on the fourth floor of the building C located in Ansan-si, A, Dong-si, Dong-si, the Defendant stated that “The Defendant cultivated orchard with 1/2 equity interest in the name of father and orchard in the name of Ansan-si F, while cultivating orchard with 15 million won as operating expenses of the orchard, the Defendant borrowed 15 million won as operating expenses of the orchard, she would complete the principal and interest with the sales proceeds by December 31, 2014.”

However, in fact, the defendant did not own the shares of the above orchard or did not operate the orchard, the defendant was only liable for the debts of KRW 20 million without any particular property and revenue, and he was thought to use both the borrowed money in divorce, consolation money and stock investment, etc. Therefore, even if he borrowed money from the damaged person, he did not have any intention or ability to repay it.

The defendant deceivings the victim as above, and was given 11 million won in cash from the injured party, i.e., the victim, in exchange for the loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made in the police statement protocol with D;

1. Application of each of the Acts and subordinate statutes stated in the loan certificate, investigation report (the complainant's telephone statement for the following purpose), investigation report (the hearing of statements from a witness G phone);

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. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Suspension of Execution (see, e.g., Supreme Court Decision 2007Da15548, Apr. 2, 2007) (see, e.g., Decision 2008Da1448, Apr. 2, 2008) (see, e.g., Decision 2007Da11665, Apr. 2, 2008)) (see, e.g., Decision 2008Da11334, Jan. 2, 2008)) (see, e., Decision 2007Da