Provided, That the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

On June 15, 2018, the Defendant stated that “A cosmetic operator had a cosmetics sales protocol, for the purchase of cosmetics, the money is necessary, if the money is lent, the cosmetic operator will be given, and the principal will be paid after three months.”

However, in fact, the Defendant, without any special property at the time, was liable for a debt equivalent to KRW 200 million and the money received from the victim was thought to be used to repay the existing debt to others. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intention or ability to pay the principal and interest as agreed to by the victim.

On June 15, 2018, around 12:33, 2018, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the bank account (E) in the name of the Defendant, and acquired the total amount of KRW 15:7 million from the above date to January 28, 2019 as stated in the attached crime list.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the police investigation report on the defendant's legal statement B (data attachment), investigation report (personal credit information attachment), investigation report (related suspect's telephone statement, such as crime scene) and investigation report (related suspect's telephone statement);

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

1. Article 25(3)3 and 4, and Article 32(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings of Application for Compensation under Article 62(1) of the Suspension of Execution (the existence of liability for compensation or the scope of liability is unclear by agreement, and it is not reasonable to issue an order for compensation in criminal proceedings) of the Act on Special Cases Concerning the Dismissal, etc. of Application for Compensation under Article 62(1) of the Criminal Act (the grounds for sentencing are initial offenders and reflects, the Defendant agreed smoothly with the victim, and the Defendant appears to have not good health conditions such as Pakistan’s disease, etc. as the elderly. The Defendant and