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

On June 25, 2015, the Defendant was sentenced to a suspended sentence of imprisonment for four months at the Seoul Central District Court for fraud, and the judgment became final and conclusive on July 3, 2015.

On December 5, 2012, the Defendant stated to the effect that “D’s office operated by the Defendant in Yong-si, the Defendant: “F loan 102 and 405 years old, transferred to the Victim E (Seoul and 74 years old) the payment of the above loan 10 million won from the successful bid price; if the Defendant borrowed the loan 10 million won, it would receive the loan from the above loan 10 million won to the effect that “The Defendant will pay all the above KRW 24 million from the loan 10 million by adding the above KRW 10 million.”

However, the Defendant had no particular property or profit at the time, and was responsible for the financial institution’s liability of KRW 10 million, arrears of industrial accident insurance premium and delinquent tax of KRW 30 million, and KRW 14 million, and thus, the Defendant did not have any intent or ability to purchase the above lending since the funds to purchase the above lending have not been properly prepared. In addition, even if the Defendant received the above funds from the victim because he did not have the capacity to purchase the above lending, it was thought that the Defendant would use the above lending as an apartment rental deposit for residence, and therefore, he did not have any intent or ability to repay the above borrowing money to the victim with its profit.

Nevertheless, the defendant deceivings the above victim as above and acquired 8 million won as a loan from the victim, i.e., he obtained 8 million won as the loan from the victim.

Summary of Evidence

1. Legal statement of witness E and G;

1. Report of investigation (as to the suspect's ability to repay)

1. Investigation Report (as to the order for payment other than this case)

1. Criminal records, results of case search, application of a copy of judgment, and statutes;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The sentencing of Article 62(1) of the Criminal Act is suspended.