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

[2013 Highest 257] In early April 2012, the Defendant’s “D” restaurant operated by the Defendant and the Defendant’s wife C of the second floor of the 201st floor of the 2nd floor of the 201st floor of the 2nd floor of the 201st Sincheon-si B building, the Defendant: “If the Defendant invested 20 million won with operating funds, he will distribute the profits to 50:50; if only rent is settled, it would not interfere with the operation of the 200,000 won; and it would be better than the monthly salary that the Defendant would receive from the South Korean house, even if there are no difficulties in the operation of the 200,000 won of operating funds; and on April 16, 2012, the Defendant confirmed that the 200,000 won of the 2nd floor of the 2nd floor of the 3rd party’s 200,000 won of the 3rd party.”

However, the facts are that the sum of monthly rent sealed by the defendant reaches the deposit, and the lessor needs to leave from the lessor.

Around April 2, 2012, when the Gu received the Gu and prepared a contract for the transfer of a restaurant with a lessor, and the Defendant and C continued to operate the restaurant with a total of at least 10 million won as a bad credit holder and made it clear whether to pay profits by continuing to operate the restaurant. In addition, even if the victim received KRW 20 million from the victim, it was thought that the amount equivalent thereto would be used in a place unrelated to the operation of the restaurant, such as repayment of the above bonds and living expenses, and thus, there was no intention or ability to pay profits to the victim by operating the restaurant as agreed with the victim.

On April 16, 2012, the Defendant conspired with C and acquired 20 million won from the victim to the account under C name.

[2013 Highest 552]