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

The defendant is a person who operated a restaurant and was aware of the victim B through his son.

Around November 26, 2014, the Defendant made a false statement to the victim “D” restaurant operated by the Defendant in Young-gun Co., Ltd. (hereinafter referred to as “D”), stating that “if the Defendant has no money, he would be able to repay the money because he/she would be able to compensate for an accident.”

However, the defendant did not have any intent or ability to pay the amount of KRW 70 million even if he borrowed money from the victim due to not only the defendant had a personal obligation equivalent to KRW 70 million at the time, but also a tax in arrears.

Nevertheless, the Defendant, by deceiving the victim as such, received 2.7 million won from the Agricultural Cooperative Account (Account Number: E) in the name of the Defendant on the same day, and received 3,454 million won in total from that time to June 17, 2019.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The written statement made by the police of the defendant B at each police station;

1. Requests for investigation report and cooperation, request for personal credit information inquiry consent and copy of identification card, response by a request for investigation cooperation, list of individual rehabilitation creditors of the suspect, each loan certificate, each detailed statement of transactions, inquiry into the details of transactions of automated machines, application of Acts and subordinate statutes of a written request for submission

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] that there is no person who is less than KRW 100 million [the type 1] (the special person], and imprisonment.