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

[2013 Highest 1620]

1. On April 2009, the Defendant’s “D” operated by the Defendant in Dongdaemun-gu Seoul, on the phone to the victim E in October 2009, left money during the “10 months from the commencement of smuggling funeral service.” The operating fund is insufficient, and the Defendant borrowed KRW 10 million from the victim E. However, at the time of the absence of any particular property, the Defendant was at least KRW 50,000,000,000 from the Defendant’s debt with no specific property, and even if the Defendant continued to borrow money from the victim, there was no intent or ability to repay the money.

Nevertheless, around April 10, 2009, the Defendant, by deceiving the victim as above, received 4,000,000 won from the victim to the deposit account in the name of the Defendant and acquired it by deceiving the victim.

2. On October 2009, the Defendant: (a) at the same place as above, stated that “the Defendant would pay the closed price by calculating the amount of KRW 6,000 per page by telephone to the victim; (b) but in fact, the Defendant did not have self-sufficiency as described in paragraph (1) at the time; (c) was urgently supplied to the victim for settlement of accounts, such as the amount receivable from the customer, at a lower price than normal price; and (d) thus, even if the Defendant was supplied with a reduced price by the victim, he did not have the intent or ability to pay the closed price properly.

Nevertheless, the Defendant, by deceiving the victim as above, received 10 kgs from the victim on October 24, 2009 to be supplied with 188 gscams. From around that time to December 7, 2009, the Defendant acquired 24,426,00 won in total over 15 times as shown in the attached crime list.

3. On November 7, 2009, the Defendant: “Around November 7, 2009, the Defendant: (a) by telephone at the above place, provided that “The Defendant shall prevent the coefficient mark; (b) but only borrowed KRW 2 million; and (c) shall pay the amount of the smuggling.” However, the fact is true.