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

Around March 23, 2009, the Defendant had no intention or ability to repay the amount of money from the victim E even if he/she borrowed money from the victim E, on the ground that: (a) the Defendant had a personal obligation equivalent to KRW 100 million; (b) the Defendant had been operating the said restaurant; (c) the Defendant did not have any obligation to pay the amount of money to the Defendant; and (d) the Defendant did not have any obligation to pay the amount of money from the victim E.

Nevertheless, the Defendant made a false statement to the effect that “The Defendant borrowed money from her husband to 30,00 won when his/her husband was married. If the Defendant borrowed 40,00 won to repay the money with high interest, he/she would have to repay the money within three months.”

The defendant acquired 40 million won from the victim as the borrowed money.

Summary of Evidence

1. Statement of the defendant in court (Statement on the fourth court date);

1. A protocol of interrogation of partial prosecutorial police officers against the accused (including E and F statements);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as a complaint, full certificate of registered matters, written judgment, and copy of passbook;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) (hereinafter the following circumstances) of the Act on the Suspension of Execution [Scope of Recommendation] General Fraud (less than KRW 100 million): In a case where a person commits deception intentionally from January to one year (special mitigation) or where the degree of deception is weak, in a case where a person commits deception intentionally, or where the degree of deception is weak, the liability for the crime is not easy in that the amount of damage was not paid or the amount of damage was recovered from part (the decision on the sentence] [the decision on the sentence] amount to 40 million won. However, in this court, there is a reason to compensate the victim for the damage and take into account the situation of the revocation of the complaint, and there is a weak degree of deception, the confession of the crime and the fact that there is no criminal power.